LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA 

Gl  FT    OF 


Class 


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T  M  F 

•     *     •      JL      JL  JL    JLj    •     •     • 

SCHOOL  LAWS 


OF 

NEBRASKA 

AS  REVISED  AND  AMENDED  IN 
1907 

WITH  EXPLANATORY  NOTES,  CITATIONS,  SUPREME 

COURT    DECISIONS,   AND   OFFICIAL   DECISIONS 

OF    THE    STATE    SUPERINTENDENT 

....FOR  THE.... 

USE  OF  SCHOOL  OFFICERS 


BY  J.   L.   McBRIEN 

Superintendent  of  Public  Instruction 


LINCOLN,  NEBRASKA 
1907 


PREFACE 


This  volume  is  public  property.  It  is  to  be  kept  in  the  custody  of 
the  school  officers  and  produced  by  them  at  all  meetings  of  the  district 
for  consultation  by  the  voters,  and  must  be  delivered  to  their  successors 
in  office.  One  copy  only  is  furnished  each  school  district. 

The  new  laws  have  been  incorporated  under  appropriate  subdivisions 
and  properly  indexed  so  that  little  difficulty  need  be  experienced  in 
finding  them. 

The  rural  high  school  law,  which  is  so  cumbersome  and  impractical 
ble,  has  for  these  reasons  been  omitted  from  this  publication.  Subdi- 
vision 14a  relating  only  to  South  Omaha,  subdivision  17  relating  only 
to  Omaha,  subdivision  19  relative  to  the  university,  subdivision  20  on 
«ducational  corporations,  and  subdivision  21  on  school  lands  and  funds 
have  been  omitted  on  account  of  their  dealing  with  questions  not  com- 
mon to  the  general  public.  Public  economy  also  demands  the  omission 
of  these  subdivisions  from  this  publication.  For  the  same  reasons  one 
or  two  other  miscellaneous  laws  have  been  omitted. 

The  main  subject  of  each  section  has  been  printed  in  bold  faced 
type  as  a  matter  of  convenience  for  reference.  The  most  important 
supreme  court  decisions  relating  to  school  matters  and  official  decisions 
of  this  department  have  been  added.  It  is  hoped  that  these  features 
will  commend  this  edition  to  all  who  may  have  occasion  to  use  it. 

J.  L.  McBRIEN, 
Superintendent  of  Public  Instruction. 


BUSINESS   CALENDAR 

I.— DISTRICT  MEETINGS.  page 

1.  Time  of  holding  (annual  meeting)  last  Monday  of  June  20 

2.  Place  of  holding 

(a)  In  schoolhouse,  it*there  be  one,  or, 

(b)  In  some  other  suitable  place  in  the  district. 

3.  Special  meeting 20 

(a)  By  whom  and  how  called. 

(b)  Object  of  meeting  must  be  stated. 

(c)  Fifteen  days  notice  necessary 21 

4.  Notice  of  meeting 21 

a)  Posted  in  three  public  places  in  the  district. 

b)  Posted  fifteen  days  before  date  of  meeting. 

c)  State  the  day,  hour,  and  place  of  meeting. 

(d)  Must  so  state,  if  change  of  site  or  levy  for  building  will  be 

considered. 

5.  Qualifications  of  voters  at  district  meetings  21 

(a)  The  voter  (man  or  woman)must  be  twenty-one  years  of  age. 

(b)  The  voter  (man  or  woman)  must  have  resided  in  the  dis- 

trict for  a  period  of  forty  days  immediately  preceding  the 
meeting. 

(c)  The  voter  (man  or  woman)must  be  the  owner. of  real  estate 

in  the  district,  or  must  own  personal  property  that  was 
assessed  in  his  (or  her)  own  name  at  the  last  annual  assess- 
ment, or  must  have  children  of  school  age  residing  in  the 
district. 

(d)  Challenge. 

6.  Business  that  may  be  transacted  only  at  an  annual  district  meeting    22 

(a)  Change  the  location  of  schoolhouse  site. 

(b)  Determine  the  amount  of  money  required. 

1.  For  maintenance   the  ensuing  year  (not  to   exceed  25 
mills  ) 23 

2.  For  free  high  school  fund  in  accordance  with  itemized 
estimate  of  county  superintendent  42 

(c)  Determine  the  number  of  mills  (not  exceeding  ten)  on  the 

dollar  of  assessed  valuation  to  be  expended  for  building, 
purchase,  or  lease  of  schoolhouse,  when  there  are  no  bonds 
voted  for  such  purposes 24 

(d)  Give  directions  for  the  expenditure  of  the  building  fund 24 

(e)  Determine  the  length  of  time  school  shall  be  taught  in   the 

district  the  ensuing  year,  subject  to  the  provisions  of  sec- 
tion 14,  subdivision  2;  and  whether  the  money  apportioned 
or  voted  for  the  support  of  the  school  therein  shall  be  ap- 
plied to  the  winter  or  summer  term  or  a  certain  portion 
to  each 25 

(f )  Regular  election  of   necessary   officers   must   be   by   ballot. 

(Officers  can  be  elected  at  special  meetings  only  to  fill  va- 
cancies)    27 

(g)  Require  the  director  to  present  an  itemized  estimate  of  the 

amounts  necessary  to  be  expended  during  the  ensuing 
year  for  all  purposes,  also  a  statement  of  all  orders  drawn 
on  the  county  treasurer  and  on  the  district  treasurer 32 


6  SCHOOL  LAWS  OF  NEBRASKA; 

(h)  The  minutes  of  the  meeting  should  be  read,  corrected  (if 
necessary),  and  approved  by  a  vote  of  the  meeting.  The 
minutes  must  contain  a  clear  statement  of  every  item  of 

business  transacted  at  the  meeting 32 

7.     Business  that  may  be  transacted  at  either  an  annual  or  special  dis- 
trict meeting. 

(a)  Adjourn  for  the  purpose  of  designating  schoolhouse  site 22 

(b)  Direct  purchasing  or  leasing  of  an  appropriate  site 22 

(c)  Direct  building,  hiring,  or  purchasing  a  schoolhouse 2S 

(d)  Transfer  money  from  one  fund   of  the  district  to  another, 

after  the  purpose  for  which  it  was  raised  has  been  ac- 
complished, and  after  all  debts  for  which  the  fund  is  lia- 
ble have  been  discharged 24 

(e)  Direct  by  a  two-thirds  vote  the  sale  of  any  schoolhouse,  site, 

building,  or  other  property  belonging  to  the  district,  when 
no  longer  needed  for  the  use  of  the  district 26 

(f )  Direct  and  provide  for  the  prosecution  or  defense  of  any 

proceeding  in  which  the  district  may  be  an  interested 
party 26 

(g)  Elect  officers  to  fill  vacancies  38 

'h)     May  direct,  by  a  two  thirds  vote,  the  school  board  to  con- 
tract with  a  neighboring  district  for  instruction  of  pupils    36 

II.— DISTRICT  BOARD. 

1.  Report  taxes  voted  at   the  annual    meeting,  including  free  high 

school  tax  34,  42 

2.  Deliver  estimate  of  free  high  school  tax  levy  to  county  superin 

tendent  and  county  clerk  when  annual  meeting  refuses  or  neg- 
lects to  vote  same 42 

3.  Have  general  care  of  the  school,  classify  the  scholars,  and  provide 

a  course  of  study  by  consent  and  advice  of  county  superintend- 
ent     * 3o 

4.  Determine  rates  of  tuition  of  non-resident  pupils    35 

5.  Suspend  or  expel  pupils  37 

6.  Purchase  or  lease  site ;  build,  hire,  or  purchase  schoolhouse  when 

directed  by  voters 37 

7.  Have  care  and  custody  of  schoolhouse  and  other  property 38 

8.  Fill  vacancy  by  appointment 38 

9.  Contract  with  neighboring  district 36 

10.  Provide  transportation  36 

11.  Shall  present  at  annual  meeting  statement  in   writing  of  receipts 

and  expenditures,  funds  on  hand  and  estimate  for  ensuing  year  40 

12.  Appoint  physician  88 

13.  Provide  and  care  for  outhouses 37 

14.  Close  school  for  Institute 61 

III.— MODERATOR. 

1.  File  acceptance  of  office 27 

2.  Countersign  all  orders  and  warrants 28 

3.  Preside  at  district  meetings 28 

4.  Order  arrest  of  disorderly  person  at  district  meeting  29 

5.  Approve  treasurer's  bond 29 

6.  Contract  with  teacher ..:....:.. 31 

IV.— TREASURER. 

1.  File  official  bond  within  ten  days  after  election    29 

2.  Apply  for  and  receive  moneys  from  the^county  treasurer 30 

3.  Pay  district  moneys  on  the   order  of  ^the.  director,  countersigned 

by  the  moderator 30 


BUSINESS  CALENDAR  7 

4.  Record  receipts  and  disbursements  30 

5.  Report  at  annual  meeting  receipts  and  disbursements  30 

6.  Turn  over  to  successor  official  books,  papers,  and  funds 30 

7.  Appear  for  the  district  in  suits  brought  by  or  against  it 30 

8.  Contract  with  the  teacher 31 

V.— DIRECTOR. 

1.  Report  taxes  voted  at  the  annual  meeting,  free  high  school  levy  sep- 

arately.    The  reports  must  be  signed  by   all  the  officers  of  the 
board,  and   delivered    to   the   county   clerk  (a  duplicate   to  the 

county  superintendent),  by  the  first  Monday  in  July  .  23,  34,  42 

2.  File  acceptance  of  office  27 

3.  Draw  and  sign  all  orders  and  warrants 30,  33 

4.  Shall  be  clerk  of  district  board  and  district  meetings 30 

5.  Record  all  proceedings  of  the  district ....                    31 

6.  Preserve  copies  of  reports  to  the  county  superintendent    31 

7.  Contract  with  teachers,  with  consent  and  advice  of  the  moderator 

and  treasurer  or  one  of  them,  or  under  their  direction 32 

8.  Notify  the  county  superintendent  of  contract  with  teacher 31 

9.  Take  census,  together  with  the  names  of  all  the  taxpayers  in  the 

district,  within  ten  days  before  the  last  Monday  in  June 32 

10.  Present  to  the  annual  meeting  an  estimate  of  expenses  and  proba- 

ble amount  of  taxes  for  the  ensuing  year 32 

11.  Report  to  the  annual   meeting  the  business  transactions  of  the 

board  for  the  past  year 32 

12.  Give  notice  of  annual  meeting  at  least  fifteen  days  before  the  last 

Monday  in  June                  32 

13.  Report  to  the  county  superintendent  within  ten  days  after  the  an- 

nual meeting 33 

14.  Furnish  the  annual  meeting  a  statement  of  the  aggregate  assessed 

valuation  of  the  taxable  property  in  the  district 34 

15.  Approve  monthly  report  of  teacher    53 

16.  Report  to  teacher  list  of  children  between  7  and  15 90 

17.  Require  report  of  attendance  of  children  89 

18.  Give  notice  to  parent  or  guardian 90 

19.  Make  complaint  against  parent  or  guardian 90 

VI. -TEACHER. 

1.  Must  have  certificate 31,  37,  51,  79 

2.  Examination 53,  56,  57,  79 

3.  Make  monthly  report  to  the  director 53 

4.  Fill  out  term  summary  and  send  copy  to  the  county  superintendent..  53 

5.  Must  attend  Institute 61 

VII.— COUNTY  SUPERINTENDENT. 

1.  Form  new  districts  and  change  district  boundaries 13,  19,  76 

2.  Notify  taxable  inhabitant  of  the  formation  of  a  new  district 15 

3.  Divide  district  property  upon  the  formation  of  a  new  district 16s' 17 

4.  Sell  schoolhouse  when  ordered  by  the  district ..- 17 

5.  Report  to  county  clerk  and  county  trensurer  change   in  district 

boundaries,  and  keep  in  the  office  of  the  county  clerk  a  map  of 

the  school  districts  of  the  county 18 

6.  Determine  site  for  schoolhouse  in  new  district 22 

7.  Appoint  district  officers '       27,38 

8.  Apply  for  writ  of  mandamus  against  district  officers 28 

9.  Administer  oaths  for  the  purpose  of  attesting  school  reports  and 

the  administration  of  the  school  law 34 

10.  Notify  director  to  transfer  pupils  to  adjoining  districts,  and  notify 

the  county  clerk  of  said  transfer  ....  36 

11.  Examine  all  candidates  as  teachers  for  the  public  schools 57 


8  SCHOOL  LAWS  OF  NEBRASKA 

12.  May  revoke  certificate 58,  61 

13.  May  act  as  third  officer  in  district  having  but  two  legal  voters 19 

14.  Grant  certificates  to  teachers  in  such  forms  as  shall  be  prescribed 

'  by  the  state  superintendent 58 

15.  Receive  all  blanks  and  communications  from  the  state  superin- 

tendent, and  dispose  of  same 49 

16.  Visit  each  of  the  schools  in  his  county  at  least  once  in  each  year, 

and  consult  with  teachers  and  district  boards  48 

17.  Promote  the  improvement  of  the  schools  in  his  county  by  public 

lectures,  teachers'  institutes,  etc 48 

18.  Examine  district  reports  and  return  same  for  correction  when 

necessary ... 49 

18a    Report  to  the  state  superintendent  when  required,  and  be  subject 

to  rules  and  instructions  prescribed  by  the  state  superintendent    49 

19.  Notify  the  district  officers  of  report  due  and  not  received    49 

20.  Report  to  the  superintendent  of  the  institute  for  the  blind  and  to 

the  superintendent  of  the  institute  for  the  deaf  and  dumb 49 

21.  Must  attend  normal  institute  in  his  district 60 

'22.     Apportion  state  school  funds  to  the  districts  of  his  county   within 

twenty  days  after  warrant  is  received  from  state  auditor 62 

23.  Appoint  appraisers  of  schoolhouse  site,  condemned  67 

24.  Assist  in  appraisal  of  claims  or  assets  in  division  of  district  with- 

in metropolitan  cities. 

25.  File  official  bond  of  $1,000.      (See  sections  5  and   19, .chapter    10, 

Compiled  Statutes  of  Nebraska. ) 

26.  Notify  teachers  of  institute 61 

27.  Notify  school  boards  to  close  school  during  institute 61 

28.  Deliver  to  district  board  on  or  before  second  Monday  in  June  esti- 

mate of  amount  required  to  pay  free  high  school  tuition 41 

29.  Deliver  to  county  clerk  an  itemized  estimate  of  free  high  school 

tax  levy  when  district  fails  to  vote  free  high  school  tax 43 

30.  Certify,  under  oath  to  the  state  superintendent  on  or  before  the 

second  Monday  in  June,  number  of  districts  entitled  to  state  aid    26 


The  Provisions  of  the  Constitution  of  the  State 
of  Nebraska  Relative  to  Education. 


ARTICLE   VIII.— EDUCATION. 

Section  1. — Board  of  educational  lands  and  funds. — The  governor, 
secretary  of  state,  treasurer,  attorney  general,  and  commissioner  of  public 
lands  and  buildings  shall,  under  the  direction  of  the  legislature,  consti- 
tute a  board  of  commissioners  for  the  sale,  leasing,  and  general  manage- 
ment of  all  lands,  and  funds  set  apart  for  educational  purposes,  and  for 
the  investment  of  school  funds  in  such  manner  as  may  be  prescribed  by 
law. 

Sec.  2. — Property,  how  used. — All  lands,  money,  or  other  property, 
granted  or  bequeathed,  or  in  any  manner  conveyed  to  this  state  for  edu- 
cational purposes,  shall  be  used  and  expended  in  accordance  with  the 
terms  of  such  grant,  bequest,  or  conveyance. 

Sec.  3. — Permanent  school  fund. — The  following  are  hereby  declared 
to  be  perpetual  funds  for  common  school  purposes,  of  which  the  annual 
interest  or  income  only  can  be  appropriated,  to-wit: 

First — Such  per  centum  as  has  been  or  may  hereafter  be  granted  by 
Congress  on  the  sale  of  lands  in  this  state. 

Second — All  moneys  arising  from  the  sale  or  leasing  of  sections  num- 
ber sixteen  and  thirty-six  in  each  township  in  this  state  and  ttie  lands 
selected  or  that  may  be  selected  in  lieu  thereof. 

Third — The  proceeds  of  all  lands  that  have  been  or  may  hereafter 
be  granted  to  this  state  where,  by  the  terms  and  conditions  of  such  grant, 
the  same  are  not  to  be  otherwise  appropriated. 

Fourth — The  net  proceeds  of  lands  and  other  property  and  effects 
that  may  come  to  the  state,  by  escheat  or  forfeiture,  or  from  unclaimed 
dividends,  or  distributive  shares  of  the  estates  of  deceased  persons. 

Fifith — All  moneys,  stocks,  bonds,  lands,  and  other  property  now  be- 
longing to  the  common  school  fund. 

Sec.  4. — Temporary  school  fund. — All  other  grants,  gifts,  and  devises 

SEC.  1.     Authority  to  invest  a  portion  of    the    fund    cannot    be    conferred    by 
-legislative  enactment  upon  the  treasurer.     40  Neb.,  298. 
SEC.  3.     Cited  5  Ntfb.,  206. 

SEC.   4.     5  Neb.,  103,   206.     15  Id.,  610.     16  Id.,   680. 

9 


10  SCHOOL  LAWS  OF  NEBRASKA 

that  have  been  or  may  hereafter  be  made  to  this  state,  and  not  otherwise 
appropriated  by  the  terms  of  the  grant,  gift,  or  devise,  the  interest  aris- 
ing from  all  the  funds  mentioned  in  the  preceding  section,  together  witlr 
all  the  rents  of  the  unsold  school  lands,  and  such  other  means  as  the 
legislature  may  provide,  shall  be  exclusively  applied  to  the  support  and 
maintenance  of  common  schools  in  each  school  district  in  the  state. 

Sec.  5.— -Fines  arid  licenses. — All  fines,  penalties,  and  license  moneys 
arising  under  the  general  laws  of  the  state  shall  belong  and  be  paid  orer 
to  the  counties  respectively  where  the  same  may  be  levied  or  imposed, 
and  all  fines,  penalties,  and  license  moneys  arising  under  the  rules,  by- 
laws, or  ordinances  of  cities,  villages,  towns,  precincts,  or  other  munic- 
ipal subdivisions  less  than  a  county,  shall  belong  and  be  paid  over  to  the 
same  respectively.  All  such  fines,  penalties,  and  license  moneys  shall  be 
appropriated  exclusively  to  the  use  and  support  of  common  schools  in 
the  respective  subdivisions  where  the  same  may  accrue. 

Sec.  6. — Common  schools. — The  legislature  shall  provide  for  the  free- 
instruction,  in  the  common  schools  of  this  state,  of  all  persons  between  the 
ages  of  five  and  twenty-one  years. 

Sec.  7.- — Distribution  of  income. — Provisions  shall  be  made  by  gen- 
eral law  for  an  equitable  distribution  of  the  income  of  the  fund  set  apart 
for  the  support  of  the  common  schools  among  the  several  school  districts: 
of  the  state,  and  no  appropriation  shall  be  made  from  said  fund  to  any 
district  for  the  year  in  which  school  is  not  maintained  at  least  three 
months. 

Sec.  8 — Educational  lands — Price. — University,  agricultural  college, 
common  school,  or  other  lands,  which  are  now  held,  or  may  hereafter  be 
acquired  by  the  state  for  educational  purposes,  shall  not  be  sold  for  less 
than  seven  dollars  per  acre,  nor  less  than  the  appraised  value. 

Sec.  9. — Funds  to  remain  inviolate. — All  funds  belonging  to  the  state 
for  educational  purposes,  the  interest  and  income  whereof  only  are  to  be 
used,  shall  be  deemed  trust  funds  held  by  the  state,  and  the  state  shall 
supply  all  losses  thereof  that  may  in  any  manner  accrue,  so  that  the  same 
shall  remain  forever  inviolate  and  undiminished;  and  shall  not  be  invested4 
or  loaned  except  on  United  States  or  state  securities,  or  registered  county 
bonds  of  this  state;  and  such  funds,  with  the  interest  and  income  thereof, 
are  hereby  solemnly  pledged  for  the  purposes  for  which  they  are  granted- 
and  set  apart,  and  shall  not  be  transferred  to  any  other  fund  for  other 
uses. 

Sec.     10. — University. — The  general  government  of  the  University  of 

SEC.  5.  5  Neb.,  310,  516.  8  Id.,  81,  162.  9  Id.,  184,  352,  404.  11  Id.,  557.  14 
Id.,  479.  17  Id.,  224.  27  Id.,  64.  28  Id.,  254.  29  Id.,  288,  348. 

Where  a  liquor  license  has  been  issued  and  is  thereafter  cancelled  without 
fault  of  the  licensee,  he  is  entitled  to  a  repayment  pro  tanto  of  the  sum  paid 
for  the  unexpired  time.  51  Neb.,  858. 

SEC.  7.     5  Neb.,  104. 

SEC.  9.  Cited  15  Neb.,  610,  684.  16  Id.,  680.  25  M.,  660.  39  Id.,  353.  41  Id.r 
277.  66  Id.,  381. 

SEC.  10.     5  Neb.,  426.     17  Id..  612. 


EDUCATION  II 

Nebraska  shall,  under  the  direction  of  the  legislature,  be  vested  in  a 
board  of  six  regents,  to  be  styled  the  Board  of  Regents  of  the  University 
of  Nebraska,  who  shall  be  elected  by  the  electors  of  the  state  at  large, 
and  their  term  of  office,  except  those  chosen  at  the  first  election  as  here- 
inafter provided,  shall  be  six  years.  Their  duties  and  powers  shall  be 
prescribed  by  law,  and  they  shall  receive  no  compensation,  but  may  be 
reimbursed  their  actual  expenses  incurred  in  the  discharge  of  their  duties. 

Sec.  11. — No  sectarian  instruction. — No  sectarian  instruction  shall  be 
allowed  in  any  school  or  institution  supported  in  whole  or  in  part  by  the 
public  funds  set  apart  for  educational  purposes;  nor  shall  the  state  accept 
any  grant,  conveyance,  or  bequest  of  money,  lands,  or  other  property,  to 
be  used  for  sectarian  purposes. 

Sec.  12. — Reform  schools. — The  legislature  may  provide  by  law  for 
the  establishment  of  a  school  or  schools  for  the  safe  keeping,  education, 
employment,  and  reformation  of  all  children  under  the  age  of  sixteen 
years  who,  for  want  of  proper  parental  care,  or  other  cause,  are  growing 
up  in  mendicancy  or  crime. 

SEC.  11.     65  Neb.,  877. 


THE  SCHOOL  LAWS  OF  NEBRASKA 


N  ACT  to  establish  a  system  of  public  instruction  for  the  State  of  Neb- 
raska, 1881,  as  since  amended,  together  with  subsequent  enactments 
"elative  thereto. 

SUBDIVISION    I.— SCHOOL    DISTRICTS. 

Section  1.'— "School  district"  defined. — The  term  school  district  as 
3d  in  this  chapter  is  declared  to  mean  the  territory  under  the  jurisdic- 
.n  of  a  single  school  board  authorized  by  this  chapter.  The  term  school 
iall  be  construed  to  mean  a  school  under  the  jurisdiction  of  a  school 
ard  authorized  by  this  chapter. 

Sec.  2. — Body  corporate. — Every  duly  organized  school  district  shall 

a  body  corporate,  and  possess  all  the  usual  powers  of  a  corporation 

r  public  purposes,  by  the  name  and  style  of  "school  district  number 

>  of county,"  and  in  that  name  may  sue  and  be  sued, 

•rchase,  hold,  and  sell  such  personal  and  real  estate  as  the  law  allows. 

Sec.  3. — New  districts.— Each  organized  county  not  already  divided 

o  school  districts,  'or  any  part  of  such  counties  not  so  divided,  shall  be 

ided  by  the  county  superintendent  into  as  many  school  districts  as  may 

-.  necessary. 

Sec.  4. — Change   in   boundaries. — New  districts  may  be  formed  from 
Jier  organized   districts,   and   boundaries   of  existing   districts   may   be 
Changed,  under  the  following  conditions  only: 

First — Discretion  of  county  superintendent  to  create  a  new  district. — 
The  county  superintendent  shall  have  discretionary  power  to  create  a  new 
district  from  other  organized  districts  upon  a  petition  signed  by  one-third 
of  the  legal  voters  in  each  district  affected. 

Second — Discretion  of  county  superintendent  to  change  boundaries. — 
The  county  superintendent  shall  have  discretionary  power  to  change  the 
boundaries  of  any  district  upon  petitions  signed  by  one-half  of  the  legal 

SEC.  2.  See  Sec.  8,  subdivision  3.  No  cause  of  action  will  accrue  to  school 
district,  as  a  corporation,  against  county  superintendent  for  the  manner  in 
which  he  may  exercise  his  discretion  in  changing  the  boundaries  of  districts. 
23  Neb.,  661.  See  11  Id.,  285.  12  Id.,  241.  22  Id.,  205.  28  Id.,  254.  30  Id.,  363. 

SEC.  3.  Territory  not  hitherto  organized  into  school  districts  may  be  di- 
vided at  the  discretion  of  the  county  superintendent. 

Districts  should  be  limited  in  extent  by  the  distance  that  scholars  are  able 
to  attend  school.  9  Neb.,  366.  County  superintendent  has  exclusive  original 
Jurisdiction.  35  Neb.,  400.  51  Id.,  570. 

SEC.  4.  Discretion  of  county  superintendent.  23  Neb.,  659.  25  Id.,  200.  Dis- 
cretion of  county  superintendent  will  not  be  controlled  by  mandamus;  appeal 


14  SCHOOL  LAWS  OF  NEBRASKA  Subcliv.    1 

voters  in  each  district  affected.  He  shall  also  have  discretionary  power 
to  annex  to  any  existing  district  any  territory  not  organized  into  districts, 
upon  petitions  signed  by  one-half  of  the  legal  voters  in  the  said  district 
and  in  the  said  territory  proposed  to  be  annexed. 

Thirds-Shall  not  refuse  the  petition  of  two-thirds.— The  county  super- 
intendent shall  not  refuse  to  change  the  boundary  line  of  any  district,  or 
to  organize  a  new  district,  when  he  shall  be  asked  to  do  so  by  a  petition 
from  each  school  district  affected  signed  by  two-thirds  of  all  the  legal 
voters  in  such  district,  nor  to  annex  to  an  existing  district  any  territory 
not  organized  into  districts  when  asked  so  to  do  by  petitions  signed  by 
two-thirds  of  the  legal  voters  of  the  said  existing  district  and  the  said 
territory  proposed  to  be  attached.  A  notice  of  said  petition  containing 
an  exact  statement  of  what  changes  in  district  boundaries  are  proposed, 
and  when  the  petition  is  to  be  presented  to  the  county  superintendent, 
shall  be  posted  in  three  public  places,  one  of  which  places  shall  be  upon 
the  outer  door  of  the  schoolhouse,  if  there  be  one,  in  each  district  affected, 
or  territory  not  oganized  into  districts  proposed  to  be  attached  to  an 
existing  district,  at  least  ten  (10)  days  prior  to  the  time  of  presenting  the 
petition  to  the  county  superintendent;  Provided,  That  changes  affecting 
cities  shall  be  made  upon  the  petition  of  the  board  of  education  of  the 
district  or  districts  affected. 

Fourth — Two  districts  made  from  one. — Two  districts  may  be  made 
from  one  by  the  county  superintendent  upon  a  petition  from  each  district 
proposed,  signed  by  a  majority  of  the  voters  in  each  district  proposed. 
One  district  may  be  discontinued,  and  its  territory  attached  to  6ther 
adjoining  districts,  upon  petitions  signed  by  one-half  of  the  legal  voters  in 
each  district  affected. 

Fifth — List  of  voters. — A  list  or  lists  of  all  the  legal  voters  in  each 
district  (or  territory)  affected,  made  under  the  oath  of  a  resident  of  ea- 
district  (or  territory)  affected,  together  with  an  oath  of  a  resident  of  eac 
district  (or  territory),  that  the  legal  notice  provided  for  in  the  third  clause 
of  this  section  has  been  properly   posted,  shall  be  given  to  the  county 


lies  from  his  decision  to  district  court.  25  Neb.,  405.  Cited  18  Id.,  648.  No- 
tices indispensable.  Contents  of  affidavit;  time  and  place  should  appear.  31 
Neb.,  424.  When  territory  is  to  be  attached  written  notice  and  petition  should 
be  given.  28  Neb.,  485.  Proviso  in  paragraph  7  confined  to  what  immediately 
precedes  it.  Notice  in  accordance  with  paragraph  3  necessary.  9  Neb.,  331.  39 

As  many  petitions  must  be  presented  as  there  are  districts  affected.  Before 
making  the  division,  the  county  superintendent  should  employ  all  the  legiti- 
mate means  within  his  reach  to  satisfy  himself  that  a  legal  majority  of  the 
voters  in  the  district  have  signed  a  petition;  and  it  would  be  well  to  move  de- 
liberately in  the  matter,  allowing  all  parties  interested  opportunity  to  know 
what  is  proposed  to  be  done. 

The  law  doee  not  provide  for  striking  off  a  part  of  a  district  without  annexing 
it  to  some  other. 

The  superintendent  may  require  the  signer  -to  erase  his  name  from  one  of  the 
the  same  name  appear  upon  different  papers.     When  petitions  asking 
things  are  presented,  the  county  superintendent  should  do  nothing  till 
some  course  is  agreed  upon  by  petitioners. 

lere   several  districts  are   consolidated,  the  new  district  not  only  becomes 
for  thJi    cTbt       15PN°b     f  °f  th6  former'   but  also  becomes  answerable 


rSubdiv.    1.  SCHOOL  DISTRICTS  15 

rsuperintendent  when  the  petition  is  presented.  By  legal  voters  is  herein 
meant  all  who  are  legal  voters  at  an  election  for  school  district  officers. 

Sixth — New  district,  when  formed. — No  new  district  shall  be  formed 
.between  the  first  Tuesday  of  April  and  the  first  day  of  October. 

Seventh — Extent  of  district. — No  new  district  shall  be  formed  con- 
taining less  than  four  (4)  sections  of  land,  nor  shall  any  diclrict  be  re- 
duced by  division  or  otherwise  so  as  to  contain  less  than  that  amount,  un- 
less the  district  so  formed,  or  the  part  of  a  district  remaining  after  di- 
vision, shall  have  an  assessed  valuation  of  property  of  not  less  than  fifteen 
thousand  ($15,000)  dollars;  Provided,  That  when  streams  or  water 
.courses  make  it  impracticable  to  form  districts  containing  four  sections, 
then  the  county  superintendent  may  form  districts  with  less  than  four  sec- 
tions without  regard  to  valuation.  When  streams  of  water  make  it  im- 
practicable for  children  to  attend  school  in  their  own  district,'  the  county 
.superintendent  shall  have  authority,  and  it  shall  be  his  duty  when  re- 
quested by  the  parents  or  guardians  of  such  chldren,  to  attach  to  adjoin- 
ing districts  suc'h  territory  as  he  may  deem  necessary  for  the  purpose  of 
giving  said  children  school  privileges.  When  a  district  is  reduced  in 
-size  by  the  -annexation  of  a  part  of  its  territory  to  a  city  district  as  pro- 
vided by  law,  or  when  a  portion  of  a  district  is  cut  off  from  school  privi- 
leges by  a  river's  changing  its  channel,  so  that  such  part  remaining  after 
such  annexation  or  the  said  portion  so  cut  off  by  change  of  a  river  chan- 
nel shall  contain  less  than  two  sections  of  land  and  fewer  than  twenty 
(20)  persons  of  school  age,  the  county  superintendent  shall  have  authority, 
and  it  shall  be  his  duty  to  attach  such  remainder  or  portion  to  adjoining 
.districts,  provided  this  can  be  so  done  that  no  pupil  in  such  remainder 
or  portion  shall  be  more  than  two  and  one-half  miles  from  the  nearest 
schoolhouse  in  the  district  in  which  such  pupil  is  so  placed. 

Eighth — Petitions  filed. — The  county  superintendent  shall  file  in  his 
office  all  petitions  that  have  been  granted  for  change  of  boundaries  or  for 
the  formation  of  new  districts,  and  such  petition  shall  be  prima  facie  evi- 
dence of  the  boundaries  of  districts;  and  all  conflicting  records  of  bound- 
.aries  shall  be  made  to  correspond  with  the  petitions  so  filed. 

Sec.  4a. — Three  sections  or  less. — When  any  school  district  has  only 
three  sections  of  land  or  less  than  three  sections  of  land  the  county  super- 
intendent, county  clerk  and  county  board  shall  have  authority  and  it  shall 
be  their  duty,  upon  petition  of  the  district  board  or  board  of  education  of 
:such  school  district,  to  make  such  changes  in  the  boundaries  of  such  dis- 
irict  and  of  any  or  all  districts  contiguous  thereto  as  in  their  judgment 
will  be  just  and  equitable. 

Sec.    5 — Notice  to  taxable  inhabitant. — Whenever  the  county  superin- 
tendent of  any  county  shall  form  a  new  district,  it  shall  be  the  duty  of  the 
superintendent  to  deliver  to  a  taxable  inhabitant  of  such  district  a 


SBC.  5.  The  record  should  contain  a  minute  detail  of  all  proceedings  in  re- 
lation to  the  formation  of  the  new  district  and  of  the  amount  justly  due  the 
.new  from  the  old  district  out  of  which  it  may  have  been  formed.  6  Neb.,  546. 


16  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.    1 

notice  In  writing  of  the  formation  of  such  district,  describing  its  bound- 
aries, and  specifying  the  time  and  place  of  holding  the  first  meeting,  which 
notice,  with  the  fact  of  such  delivery,  shall  be  entered  upon  the  record 
by  the  supreintendent. 

Sec.  6 — Notice  to  voters. — The  said  notice  shall  also  direct  such  in- 
habitant to  notify  every  qualified  voter  of  such  district,  either  personally  or 
by  leaving  a  written  notice  at  his  or  her  place  of  residence,  of  the  time 
and  place  of  holding  said  meeting,  at  least  five  days  before  the  time  ap- 
pointed therefor;  and  it  shall  be  the  duty  of  eac'h  inhabitant  to  notify  the 
qualified  voters  of  said  district  accordingly. 

Sec.  7. — Return  of  notice. — The  said  inhabitant,  when  he  shall  have- 
notified  the  qualified  voters  as  required  in  said  notice,  shall  endorse 
thereon  a  return,  showing  such  notification  with  the  date  or  dates  thereof, 
and  deliver  such  notice  and  return  to  the  chairman  of  the  meeting. 

Sec.  8. — Record  of  notice,  return,  and  organization. — The  said  chair- 
man shall  deliver  such  notice  -and  return  to  the  director  chosen  at  such 
meeting,  as  'hereinafter  provided,  who  shall  record  the  same  at  length  in 
a  book,  to  be  provided  by  him  at  the  expense  of  the  district,  as  a  part  of 
the  records  of  such  district,  which  record  shall  be  prima  facie  evidence  of 
the  facts  therein  set  forth  -and  of  the  legality  of  all  proceedings  in  the  or- 
ganization of  the  district  prior  to  the  first  district  meeting,  but  nothing  in 
this  section  contained  shall  be  so  construed  as  to  impair  the  effect  of  the 
record  kept  by  the  county  superintendent  as  evidence. 

Sec.  9. — Division  of  district  property. — 'When  a  new  district  is  formed 


SEC.  6.  Every  qualified  voter  should  be  notified;  but  failure  to  notify  one 
or  more  would  not  invalidate  the  action  of  the  meeting  unless  fraud  could  be 
shown.  [See  section  8.]  For  definition  of  "qualified  voter,"  see  sections  4  and 
5  of  subdivision  II. 

SEC.  9.  The  division  of  school  districts  and  .school  property  is  one  of  the 
most  important  and  delicate  of  the  superintendent's  duties,  always  to  be  per- 
formed with  care  and  deliberation.  The  division  of  property  should  be  made 
when  the  district  is  divided,  or  as  soon  as  possible  thereafter.  Where  there 
are  debts,  which  must  be  paid  by  the  old  district,  they  should  be  taken  into 
account  in  the  division  of  property.  The  superintendent  must  use  his  best 
judgment  in  estimating  the  value  of  school  property,  keeping  in  mind  that  the 
law  requiies  him  to  "ascertain  and  determine  the  amount  justly  due"  to  the 
new  district.  Section  11  states  clearly  hnw  this  money  is  to  reach  the  treasury 
of  the  new  district. 

In  applying  sections  9  and  11  to  the  division  of  a  district  which  is  bonded, 
it  must  be  remembered  that  the  bonds  are  of  the  nature  of  a  mortgage  on  all  the 
land  and  property  of  the  original  district,  and  that  this  incumbrance  cannot 
be  removed  from  any  part  of  it  by  the  division.  54  Neb.,  171. 

When  the  division  of  a  district  has  been  completed  by  a  county  superin- 
tendent, his  successor  cannot  re-open  and  adjust  it  again;  but  a  superintendent 
who  finds  out  that  he  has  made  a  serious  mistake  may  correct  such  mistake 
within  reasonable  time. 

To  divide  a  joint  district  the  same  formalities  are  requisite  as  in  any  other 
A  petition  should  be  presented  to  the  superintendent  of  each  county  affected 

Debts  of  a  district  cannot  be  divided  and  apportioned  without  the  consent 'of 
creditors. 

After  the  division,  the  old  district  has  no  authority  to  use  Drooertv  nr  fnn^a 
to  which  the  new  one  is  entitled.     4  Neb.,    267.      Where   there   is    no    finding   o 
determination    whatever   by  the   superintendent  as  to  property  of  anv  iHr,/i i   ».» 
tained  by  a  district  out  of  which  a  new  district   was    formed     his   certificate   ?^ 

veSeebd  °y9he        * 
4t?5authorlze  ievy  °f 


Subdiv.  1.  SCHOOL  DISTRICTS  1? 

in  whole  or  in  part  from  one  or  more  districts  possessed  of  a  schoolhouse 
or  other  property,  the  county  superintendent,  at  the  time  of  forming  such 
new  district,  or  as  soon  threafter  as  may  be,  shall  -ascertain  and  determine 
the  amount  justly  due  such  new  district  from  any  district  or  districts  out 
of  which  it  may  have  been  in  whole  or  in  part  formed,  which  amount 
shall  be  ascertained  and  determined  as  nearly  as  practicable  according 
to  the  relative  value  of  the  taxable  property  in  the  respective  parts  of 
such  former  district  or  districts  at  the  time  of  such  division,  and  the  fact 
that  such  schoolhouse  or  other  property  is  not  paid  for  shall  not  deprive 
such  new  district  of  its  proportinate  share  of  the  value  thereof;  Pro- 
vided, That  such  new  district  shall  remain  bound  for  such  indebtedness  to 
the  same  extent  as  though  the  new  district  had  not  been  formed;  unless 
in  case  of  indebtedness  not  bonded  the  same  shall  be  adjusted  -as  herein- 
after provided. 

Sec.  10. — Amount  due  in  installments. — If  such  old  district  shall  be 
subject  to  any  bonded  indebtedness,  and  the  amount  to  which  such  new 
district  shall  be  entitled  on  account  of  any  such  property  shall  not  exceed 
its  proportionate  share  of  such  bonded  indebtedness,  the  amount  to  which 
such  new  district  shall  be  entitled  as  aforesaid  shall  be  apportioned  so  as 
to  come  due  in  installments  proportionately  at  such  times  as  the  original 
indebtedness  shall  become  due  to  the  creditors  of  the  old  district. 

Sec.  11. — Certificate  of  amount  due. — The  amount  of  such  proportion, 
when  so  ascertained  and  determined,  shall  be  certified  to  by  the  county 
superintendent  to  the  county  clerk,  who  shall  present  the  said  amount 
to  the  county  board  at  the  session  next  succeeding,  whose  duty  it  shall  be 
at  the  proper  time  or  times  to  assess  the  same  upon  the  taxable  property 
of  the  district  retaining  the  schoolhouse  or  other  property  of  the  former 
district,  in  the  same  manner  as  if  the  same  had  been  authorized  by  a  vote 
of  such  district,  and  the  money  so  assessed  shall  be  placed  to  the  credit  of 
the  new  district. 

Sec.  12 — When  collected,  such  amount  shall  be  paid  over  to  the  treas- 
urer of  the  new  district,  to  be  applied  to  the  use  thereof  in  the  same  man- 
ner, under  the  direction  of  its  proper  officers,  as  if  such  sum  had  been 
voted  and  raised  by  said  district  for  building  a  schoolhouse  or  other  dis- 
trict purposes. 

Sec.  13. — Sale  of  schoolhouse. —  Whenever,  by  the  division  of  any 
district,  the  schoolhouse  or  site  thereof  shall  no  longer  be  conveniently 
located  for  school  purposes,  and  shall  not  be  desired  by  the  district  in 
which  it  may  be  situated,  the  county  superintendent  of  the  county  in  which 


SEC.  11.  The  action  of  the  district  is  not  required  to  levy  the  tax  thus 
made  necessary,  and  it  is  beyond  its  control.  The  county  commissioners  are  the 
proper  persons  to  levy  it. 

The  whole  amount  need  not  be  levied  at  once,  but  may  be  put  into  two  or 
more  levies. 

SEC.  13.  For  errors  of  judgment  and  mistakes  in  the  performance  of  this 
onerous  duty  the  superintendent  is  not  pecuniarily  responsible,  unless  there  is 
evidence  of  fraud.  The  superintendent  should  take  ample  time  and  acquaint 
himself  fully  with  the  facts. 


18  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   1. 

such  schoolhouse  and  site  shall  be  located  may,  when  ordered  by  the  dis- 
trict, advertise  and  sell  the  same  at  public  or  private  sale,  and  apportion 
the  proceeds;  Provided,  That  when  sold  at  private  sale,  such  sale  shall 
not  be  binding  until  'approved  by  the  district  interested. 

Sec.  14. — Division  of  money. — The  money  arising  from  the  sale  of 
schoolhouse  and  site,  or  otherwise,  except  teachers'  fund,  shall  be  divided 
among  the  several  districts  created  in  whole  or  in  part  from  the  divided 
districts  as  nearly  as  practicable  in  proportion  to  the  taxable  property  of 
the  districts  formed  in  whole  or  in  part  by  such  division. 

Sec.  15. — Teachers'  fund. — Money  on  hand  belonging  to  the  teachers' 
fund  of  said  district  shall  be  divided  in  proportion  to  the  number  of 
scholars  in  each  district  at  the  time  of  said  division.  The  money  des- 
ignated in  this  'and  the  preceding  section  shall  be  divided  at  once,  and  not 
in  the  manner  provided  in  section  11  of  this  subdivision. 

Sec.  16. — Unbonded  indebtedness. — Whenever  a  new  district  shall  be 
organized  from  the  territory  of  a  former  district,  and  there  shall  be  any  in- 
debtedness of  such  former  district  which  shall  not  be  bonded,  such  un- 
bonded indebtedness  shall  be  taken  into  account  in  estimating  the  sum  due 
fom  the  old  to  the  new  district  on  account  of  schoolhouse  or  other  prop- 
erty, and  sucTi  new  district  shall  be  entitled  to  only  the  value  of  its  pro- 
portionate share  of  such  property  after  deducting  its  like  share  of  such  in- 
debtedness. 

Sec.  17. — Report  of  change  in  boundaries. — Every  change  in  district 
boundary  lines  must  be  reported  as  soon  as  made  to  the  county  clerk  and 
the  county  treasurer  by  the  county  suprintendent;  and  the  county  super- 
intendent shall  keep  in  the  office  of  tbe  county  clerk  a  map  of  the  school 
districts  of  the  county,  which  map  shall  be  revised  as  often  as  the  boundary 
lines  of  districts  are  changed  or  new  districts  formed.  The  county  super- 
intendent shall  also  report  to  the  county  treasurer  the  necessary  changes 
to  be  made  upon  the  tax  lists  of  the  county.  Upon  receiving  said  noti- 
fication, it  shall  be  the  duty  of  the  county  treasurer  to  adjust  the  tax  list 
of  the  county  in  accordance  with  the  change  of  district  boundaries,  so  that 
the  uncollected  taxes  levied  upon  property  that  has  been  transferred  to 
another  school  district  shall,  when  collected  be  placed  to  the  credit  of  the 
district  to  which  such  property  has  been  transferred. 


SECS.  14  and  15.  Money  on  hand  when  a  district  is  divided  is  to  be  treated 
as  follows:  -The-  teachers'  fund,  including  proceeds  of  tax  for  teachers'  wages 
and  the  state  apportionment,  according  to  section  15;  that  is,  in  proportion  to 
the  number  of  children  in  the  district  at  the  time  of  division.  The  remaining 
funds  (both  in  county  and  district  treasury)  will  be  divided  according  to  sec- 
tion 14;  that  is,  in  proportion  to  the  taxable  property  of  the  districts  concerned. 

When  a  county  superintendent  has  ordered  money  paid  by  one  district  to 
another,  and  the  district  neglects  or  refuses  to  pay  it,  the  treasurer  of  the 
district  to  which  the  money  is  due  may  apply  to  the  court  for  a  mandamus  to 
compel  the  officers  of  the  delinquent  district  to  pay  the  money. 

SEC.  16.  Where  several  districts  are  consolidated,  the  new  district  not  only 
becomes  invested  with  the  property  rights  of  the  former,  but  also  becomes 
answerable  for  their  debts.  f>l  Neb.  1. 


Subdiv.    1.  SCHOOL  DISTRICTS  19 

gec>  ig.- — Unsatisfactory  division. — Whenever  a  district  is  dissatisfied 
with  the  division  of  school  property  made  by  the  county  superintendent, 
the  points  in  dispute  may  be  referred  to  three  disinterested  persons,  no 
one  of  whom  shall  be  a  resident  of  either  district  interested  in  the  matter 
at  issue,  one  to  be  chosen  by  the  school  board  of  each  district,  and  these 
two  to  choose  a  third,  and  the  decision  of  any  two  of  them  shall  be  final. 

Sec.  19. — Arbitration. — The  manner  of  proceeding  shall  be  substan- 
tially as  follows:  The  district  desiring  an  arbitration  shall  make  a  de- 
mand in  writing  of  the  county  superintendent  within  ten  d-ays  after  said 
superintendent  has  made  his  award.  The  county  superintendent  shall  no- 
tify the  other  district  or  districts,  and  direct  them  to  clioose  arbitrators. 
The  county  superintendent  shall  appoint  a  time  -and  place  for  the  hearing, 
at  which  the  arbitrators  shall  proceed  immediately  to  hear  and  determine 
the  matter  at  issue  'according  to  justice  and  right,  taking  all  the  circum- 
stances into  consideration. 

Sec.  20. — Award. — The  award  of  arbitrators  shall  be  in  writing  and 
shall  be  filed  with  the  county  superintendent,  jand  shall  be  final;  Provided, 
That  if  no  award  is  made  by  the  committee  within  thirty  days  from  the  day 
of  arbitration,  the  division  made  by  the  county  superintendent  shall  be 
legal  and  valid. 

Sec.  21.— Fees  of  arbitrators.— The  fees  for  such  arbitrators  shall  be 
as  follows:  Each  person  engaged  as  arbitrator  shall  receive  two  dollars 
per  day  during  the  time  necessarily  occupied,  to  be  paid  equally  by  the 
districts. 

Sec.  22. — Joint  districts. — That  when  persons  living  in  two  or  more 
counties  desire  to  form  a  school  district,  it  shall  be  the  duty  of  the  super- 
intendents of  the  respective  counties  to  authorize  the  said  persons  to  or- 
ganize such  district,  and  the  reports  contemplated  in  this  chapter  shall  be 
made  to  the  superintendents  of  each  county,  parts  of  which  form  the  dis- 
trict, of  such  property  or  children  as  may  be  within  the  limits  of  each  such 
organized  county. 

(DISMEMBERED  DISTRICTS.) 

Sec.  23. — Less  than  three  voters  in  district. — In  case  the  number  of 
legal  voters  in  any  district  becomes  less  than  three,  the  county  superin- 
tendent shall  act  as  the  third  officer  of  such  district. 

Sec.  24 — Same — Annexation  to  adjoining  district. — When  for  a  con- 
tinuous period  of  one  year  a  district  shall  have  less  than  two  legal  voters 
residing  therein,  the  county  superintendent  may,  in  his  discretion,  annex 
the  said  district  to  one  or  more  adjoining  districts,  upon  petitions  signed  by 
a  majority  of  the  legal  voters  of  such  adjoining  district  or  districts. 

Sec. — 25. — Same — Dissolution — Procedure — Funds. — When  for  a  con- 
tinuous period  of  one  year  a  district  shall  have  less  than  two  legal  voters 
residing  therein,  (or)  for  a  period  of  two  consecutive  years  shall  fail  or 
neglect  to  maintain  its  district  organization,  it  shall  be  lawful,  upon  a 
petition  being  presented  for  that  purpose  by  the  resident  voter  of  said  dis- 
trict, or  by  the  county  superintendent  of  the  county  in  which  said  district 


20  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   2. 

is  situated,  for  any  court  of  competent  jurisdiction  of  said  county  to  author- 
ize the  county  superintendent  of  the  county  in  which  said  district  is  lo- 
cated to  close  up  the  affairs  of  said  district.  Twenty  days  previous  to  any 
action  on  the  part  of  the  county  superintendent,  notice  of  such  action  on 
the  part  of  the  court  shall  be  made  public  in  some  legal  newspaper  cir- 
culating in  said  county.  The  said  county  superintendent  thus  authorized 
shall  have  power,  and  it  shall  be  his  duty  to  take  possession  of  all  school 
property  belonging  to  said  district.  If  there  be  funds  belonging  to  said 
district  in  the  hands  of  the  county  treasurer,  the  county  superintendent 
shall  proceed  to  pay  off  the  indebtedness  of  the  district,  issuing  orders 
upon  the  county  treasurer  for  the  payment  of  such  indebtedness.  If  there 
be  no  funds  in  the  hands  of  the  county  treasurer  to  the  credit  of  said 
district,  the  county  superintendent  shall,  upon  order  of  the  court,  adver- 
tise and  sell  iat  public  auction  the  school  property  of  said  district,  placing 
the  money  thus  obtained  in  the  hands  of  the  county  treasurer  to  the  credit 
of  the  aforesaid  district,  and  issue  orders  upon  it  as  above.  (Amended 
1907.) 

Sec. 26. — Debts — Taxes. — If  any  indebtedness  still  remain  unpaid,  the 
board  of  county  commissioners  of  said  county  shall  determine  the  rate  of 
taxation  necessary  to  pay  such  indebtedness,  and  shall  cause  such  taxes 
to  be  levied  upon  all  property  in  the  said  district  and  collected  as  other 
taxes. 

Sec.  27. — Superintendent,  Bond. — Before  entering  upon  such  duties, 
the  county  superintendent  shall  execute  a  good  and  sufficient  bond  to  the 
people  of  the  State  of  Nebraska,  to  be  approved  by  the  judge*  of  said  court, 
in  double  the  amount  of  the  value  of  all  property  which  in  the  opinion  of 
the  court  shall  be  entrusted  to  his  care. 

Sec.  28. — Same — Report. — It  shall  be  the  duty  of  the  county  super- 
intendent to  file  an  itemized  report  in  said  court,  showing  the  disposition 
of  all  property  and  money  received  by  him  in  the  said  transaction,  and 
said  report  shall  be  a  part  of  the  official  records  of  said  court. 

Sec.  29. — Same — Compensation. — For  performing  the  duties  hereby 
imposed,  it  shall  be  lawfull  for  the  court  to  award  to  the  county  super- 
intendent such  compensation  as  in  its  judgment  shall  be  just  and  right; 
and  such  amount  and  costs  of  court  shall  be  a  claim  against  said  dis- 
trict. 


SUBDIVISION    II.— DISTRICT    MEETINGS 

Section  1. — Annual  meeting. — The  annual  school  meeting  of  each 
school  district  shall  be  held  at  the  schoolhouse,  if  there  be  one,  or  at  some 
•ther  suitable  place  within  the  district,  on  the  last  Monday  of  June  of  each 

SEC.  1.     No  authority  to  adjourn  election.     15  Neb.,    447.     Cited  33   Id.,   335. 
See,  also,  32  Id.,  370. 


Subdiv.   2.  DISTRICT  MEETINGS  21 

year.  The  officers  elected  as  hereinafter  provided  shall  take  possession  of 
the  office  to  which  they  have  been  elected  upon  the  second  Monday  of  July, 
and  the  school  year  shall  commence  with  that  day. 

Sec.  2. — Special  meeting. — Special  meetings  may  be  called  by  the  dis- 
trict board,  or  any  one  of  them,  on  the  written  request  of  any  five  legal 
voters  of  the  district,  by  giving  the  notice  required  in  the  next  succeeding 
section;  and  in  all  notices  of  special  meetings  the  object  of  the  meeting 
shall  be  stated,  and  no  business  shall  be  transacted  at  such  meetings  ex- 
cept such  as  is  mentioned  in  the  call. 

Sec.  3. — Notices,  Contents. — All  notices  of  annual  or  special  meetings, 
after  the  first  meeting  has  been  held  as  hereinbefore  provided,  shall  state 
the  day,  hour  and  place  of  meeting,  which  place  shall  be  within  the  district, 
and  shall  be  given  at  least  fifteen  days  previous  to  such  meeting,  by  post- 
ing up  copies  thereof  in  three  public  places  within  the  district;  but  no 
annual  meeting  shall  be  deemed  illegal  for  want  of  such  notice.  No  school- 
house  site  shall  be  changed  nor  taxes  voted  for  building,  purchase  or  lease 
of  a  schoolhouse  at  any  district  meeting  unless  notices  shall  have  been 
given  of  such  meeting  as  above  provided,  including  therein  the  fact  that 
such  subjects  will  then  be  considered. 

Sec.  4. — Voters,  qualifications. — Every  person,  male  or  female,  who 
has  resided  in  the  district  forty  days  and  is  twenty-one  years  old  and  who 
owns  real  property  or  personal  property  that  was  assessed  in  the  district  in 
his  or  her  name  at  the  last  annual  assessment,  or  who  has  children  of 
school  age  residing  in  the  district,  shall  be  entitled  to  vote  at  any  district 
meeting  or  school  election  held  in  any  district,  village,  or  city;  Provided, 
That  all  electors  at  school  elections  held  in  cities  where  registration  of 
voters  is  required  shall  comply  with  the  provisions  of  such  registration  law 
before  they  shall  be  entitled  to  vote. 

Sec.  5. — Challenge. — If  any  person  offering  to  vote  at  a  school  district 
meeting  shall  be  challenged  as  unqualified  by  any  legal  voter  in  such  dis- 
trict, the  chairman  presiding  at  such  meeting  shall  declare  to  the  person 
challenged  the  qualifications  of  a  voter,  and  if  such  person  shall  state  that 

SEC.  2.  The  names  of  the  five  persons  who  made  the  request  for  the  call 
should  be  recorded  in  the  minutes.  The  district  officers  may  constitute  three 
of  the  five.  When  a  special  meeting  adjourns  to  another  time,  new  notices 
should  be  put  up;  but  a  failure  to  do  this  would  not  render  the  adjourned 
meeting1  illegal. 

An  annual  or  special  meeting  held  in  the  evening  (after  night)  would  not  be 
illegal.  One  copy  of  the  notice  of  school  district  meetings  should  be  posted 
upon  the  schoolhouse  door. 

SEC.  4.  In  general,  where  a  man  lives  or  claims  his  home,  and  where  he 
enjoys  the  privilege  of  a  resident  citizen,  may  be  considered  his  place  of  resi- 
dence. In  all  cases  a  man  must  prove  his  intention  as  to  the  place  of  his 
residence;  if  he  remove  his  family  and  goods  from  the  district,  and  it  can  be 
proved  that  he  intends  to  claim  his  residence  in  some  other  place,  he  is  no 
longer  a  resident  of  the  district.  A  homesteader  can  have  no  residence  except 
in  the  district  in  which  his  homestead  is  located.  Justice  Maxwell  says:  "That 
place  will  be  considered  the  residence  of  a  person  in  which  his  habitation  is 
fixed,  without  any  present  intention  of  removing  therefrom,  and  to  which, 
whenever  he  is  absent,  he  has  the  intention  of  returning." 

Women  may  vote  and  hold  office  in  school  district.     15  Neb.,  447. 


22  SCHOOL  LAWS  OF  NEBRASKA  Svbdiv.  2 

lie  or  she  is  qualified,  and  the  challenge  shall  not  be  withdrawn,  the  said 
chairman  shall  administer  to  him  or  her  an  oath  in  substance  as  follows: 
"You  do  solemnly  swear  (or  affirm)  that  you  are  twenty-one  years  of  age, 
that  you  have  resided  in  this  school  district  for  forty  days  last  past,  that 
you  own  real  property  in  the  district,  or  personal  property  that  was  as- 
sessed in  your  name  [in  this  district]  at  the  last  assessment  or  have  chil- 
dren of  school  age  residing  in  the  district,  so  help  you  God."  And  every 
person  taking  such  oath  shall  be  permitted  to  vote  on  all  questions  pro- 
posed at  such  meeting. 

Sec.  6. — Rejection  of  vote.— If  any  person  so  challenged  shall  refuse 
to  take  such  oath,  his  or  her  vote  shall  be  rejected,  and  any  person  who 
shall  willfully  take  a  false  oath,  or  make  a  false  affirmation  under  the  pro- 
visions of  the  preceding  section  shall  be  deemed  guilty  of  perjury,  and  be 
punished  accordingly. 

Sec.  7. — Challenge. — When  any  question  is  taken  in  any  other  manner 
than  by  ballot,  a  challenge  immediately  after  the  vote  has  been  taken,  and 
previous  to  an  announcement  of  the  vote  by  the  chair,  shall  be  deemed  to 
be  made  when  offering  to  vote,  and  treated  in  the  same  manner. 

Sec.  8. — Site. — The  qualified  voters  in  the  school  district,  when  law- 
fully assembled,  shall  have  power  to  adjourn  from  time  to  time,  as  may 
be  necessary,  to  designate  a  site  for  a  schoolhouse,  by  a  vote  of  two-thirds 
of  those  present,  and  to  change  the  same  by  a  similar  vote  at  any  annual 
meeting;  Provided,  That  in  any  school  district  where  the  schoolhouse  is 
located  three-fourths  of  a  mile  or  more  from  the  center  of  such  district, 
such  schoolhouse  site  may  be  changed  to  a  point  nearer  the  geographical 
center  of  the  district  by  a  majority  vote  of  those  present  at  any  such 
school  meeting. 

Sec.  9. — Same. — When  no  site  can  be  established  by  such  inhabitants 
aforesaid,  the  county  superintendent  of  the  county  in  which  the  district  is 
situated  shall  determine  where  such  site  shall  be,  and  his  determination 
shall  be  certified  to  the  director  of  the  district,  and  shall  be  final,  except 
that  such  decision  may  be  changed  by  the  county  superintendent  on  a 
written  request  of  two-thirds  of  the  qualified  voters  of  the  district. 

Sec.  10.— Purchase  or  lease  of  house. — The  said  qualified  voters  shall 
also  have  power,  at  any  annual  or  special  meeting,  to  direct  the  purchas- 

Sec.  8.  The  "three-fourths  of  a  mile"  mentioned  in  the  proviso  in  this  sec- 
tion should  be  measured  on  a  straight  line  joining  the  schoolhouse  and  the 
geographical  center  of  the  district.  A  school  site  may  be  changed  at  an  annual 
meeting  only.  Cited  Wilber  vs.  Wooley,  44  Neb.,  739  (62  N.  W.  Reporter,  1095). 
Purchase  or  lease.  70  Neb.,  438. 

By  act  of  congress  (March  3,  1873),  it  was  enacted  that  a  person  occupying 
a  homestead  or  pre-emption  shall  have  the  right  to  transfer  by  warranty, 
against  his  own  acts  any  part  of  his  homestead  or  pre-emption  for  a  site  for 
a  schoolhouse;  and  this  shall  no.t  vitiate  his  title. 

SEC.  10.  Contracts  for  the  erection  of  schoolhouses  should  be  made  with 
reference  to  funds  on  hand.  4  Neb.,  360.  The  board  cannot  bind  the  district 
by  an  increased  expenditure  beyond  the  amount  authorized  by  the  district. 
10  Neb.,  242.  Cited  32  Id.,  354. 

Building  committee.     45  Neb.,  239. 

Building  contracts.     51  Neb.,   237.     51  Id.,   740. 


Subdiv.   2.  DISTRICT  MEETINGS  23 

ing  or  leasing  of  any  appropriate  site,  and  the  building,  hiring,  or  purchas- 
ing of  a  schoolhouse,  and  the  amount  necessary  to  be  expended  the  suc- 
ceeding year,  and  to  vote  a  tax  on  the  property  of  the  district  for  the  pay- 
ment of  the  same.  Not  to  conflict  with  section  two  (2). 

Sec.  11. — Taxes  voted. — The  trustees  of  each  school  district  within  the 
state  of  Nebraska  shall,  prior  to  the  annual  school  district  meeting  in  each 
year,  provided  for  by  section  5427  [sec.  1,  sub.  2]  of  this  act,  prepare  an 
.estimate  showing  the  amount  of  money  required  for  the  maintenance  of 
schools  during  the  coming  school  year,  and  the  legal  voters  at  the  annual 
school  meeting  each  year,  shall  determine  the  amount  of  money  required 
for  school  maintenance  during  the  coming  school  year,  which  shall  be  an 
amount  sufficient  to  maintain  a  school  in  the  manner  and  for  the  time 
provided  in  section  5440  [sec.  14,  sub.  2]  of  the  act  and  the  amount  of 
money  so  required  shall  be  levied  as  a  tax  upon  all  of  the  taxable  property 
of  the  school  district;  Provided,  That  in  districts  having  four  children  or 
less  of  school  age,  the  amount  levied  shall  not  exceed  the  sum  of  four  hun- 
dred ($400.00)  dollars  in  any  year;  and  in  districts  having  more  than  four 
and  less  than  sixteen  children  of  school  age,  the  levy  shall  not  exceed  the 
sum  of  fifty  ($50)  dollars  per  child  in  addition  to  the  above. 

The  amount  of  money  so  voted  as  being  necessary  for  the  maintenance 
of  the  school  for  the  coming  year,  shall  be  certified  by  the  district  school 
board  to  the  county  clery  of  the  county  in  which  said  school  district  is 
located  and  said  amount  shall  be  levied  by  the  county  board  on  the  as- 
sessed value  of  the  school  district,  and  be  collected  as  other  taxes;  Pro- 
vided, That  the  amount  so  levied  shall  not  exceed  in  any  one  year  two  and 
one-half  ($2.50)  dollars  on  the  one  hundred  dollar  valuation  as  assessed 
and  equalized. 

Sec.  lla. — County  clerk  makes  levy,  when. — When  no  levy  is  voted 
at  the  annual  school  district  meeting,  or  where  the  district  votes  to  have 
no  school,  or  where  no  action  is  taken  by  the  annual  meeting  to  provide 
for  school,  it  shall  be  the  duty  of  the  county  superintendent  of  the  proper 
county  to  make  and  deliver  to  the  county  clerk  of  such  county  in  which 
any  part  of  the  district  is  situated  not  later  than  the  first  Monday  in  Au- 
gust following  the  annual  meeting  an  itemized  estimate  of  the  amounts 
necessary  to  be  expended  during  the  ensuing  year  for  school  purposes  in 
such  district.  It  shall  be  the  duty  of  the  county  clerk  to  levy  such  taxes 
on  the  taxable  property  of  the  district,  to  be  collected  by  the  county  treas- 
urer at  the  same  time  and  in  the  same  manner  as  the  state  and  county 
taxes  are  collected,  and  when  collected  to  be  paid  to  the  treasurer  of  the 
proper  district  on  the  order  of 'the  director  countersigned  by  the  mod- 
erator of  said  district.  [In  force  March  30,  1905.] 

Sec.  lib.— Same,  joint  districts.— It  shall  be  the  duty  of  the  county 
clerk  of  any  county  in  which  a  fractional  part  of  a  joint  school  district  is 

SEC.  11.  The  annual  meeting  votes  the  tax,  the  county  board  or  clerk 
levies  it.  Cited  4  Neb.,  307.  11  Id.,  360.  12  Id.,  255.  9  Id.,  331.  Unauthorized 
levy.  19  Id.,  485. 


24  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   2 

located,  on  or  before  the  15th  day  of  June  of  each  year,  to  certify  the  as- 
sessed valuation  of  all  taxable  property  of  such  fractional  part  of  said 
joint  school  district  to  the  clerk  of  any  county  in  which  a  fractional  part 
of  said  district  is  located. 

Sec.  lie. — County  board  make  proportionate  levy. — The  county 
board  of  any  county,  acting  in  pursuance  of  section  5437,  subdivision  2, 
chapter  79,  Wheeler's  Compiled  Statutes  of  Nebraska  for  1905,  shall  make 
a  levy  for  any  joint  school  district  sufficient  only  to  produce  an  amount 
bearing  an  equal  proportion  to  the  whole  amount  required  for  such  joint 
school  district,  which  the  fractional  part  of  the  district  lying  within  the 
said  county  bears  to  the  valuation  of  the  entire  district.  [Approved 
April  6,  1907.] 

Sec.  12. — Building  fund. — The  legal  voters  may  also,  at  such  meeting, 
determine  the  number  of  mills,  not  exceeding  ten  mills  on  the  dollar  of 
assessed  valuation,  which  shall  be  expended  for  the  building,  purchase,  or 
lease  of  a  school  house  in  said  district,  when  there  are  no  bonds  voted  for 
such  purpose,  which  amount  shall  be  reported,  levied,  and  collected  as  in 
the  preceding  section;  Provided,  That  the  aggregate  number  of  mills 
voted  shall  not  exceed  twenty-five  (25)  mills. 

Sec.  13. — Building  fund,  how  expended. — The  tax  levied  and  collected, 
as  provided  by  the  preceding  section,  shall  be  expended  under  the  direc- 
tion of  the  district  made  at  the  annual  meeting,  or  in  the  absence  of  such 
direction,  then  such  tax  shall  be  expended  as  the  district  board  of  the  dis- 
trict may  direct.  Money  remaining  in  the  treasury  after  the  purpose  for 
which  it  was  raised  has  been  accomplished,  and  after  all  debts  for  which 
the  fund  is  liable  have  been  discharged,  may  be  transferred  to  any  other 
fund  of  the  district,  at  any  district  meeting. 

SEC.  13.  Moneys  derived  from  state  funds  and  apportioned  by  county  super- 
intendent, can  be  legally  used  for  no  purpose  except  to  pay  teachers'  wages. 
School  officers  who  use  any  part  of  such  funds  for  any  other  purpose  become 
personally  responsible  to  the  district  for  the  amount  thus  used,  and  are  liable 
to  be  prosecuted  for  malfeasance  in  office.  As  regards  money  raised  by  district 
tax:  (1)  When  the  district  has  directed  the  manner  in  which  this  tax  shall  be 
expended,  the  officers  are  bound  to  follow  such  direction.  The  fact  that  the 
district' at  a  meeting  voted  a  tax  for  a  particular  purpose  is  held  to  be  "direc- 
tion" as  regards  the  money  derived  from  that  specific  part  of  the  tax.  (2) 
When  the  district  has  not  specified  any  particulars  in  voting  the  tax,  nor  di- 
rected the  board  in  any  manner  as  to  the  disbursement  of  the  school  funds, 
then  the  district  officers  may  pay  out  the  funds  as  called  for,  and  at  their  dis- 
cretion (except  the  state  apportionment,  as  mentioned  above).  When  money 
has  been  raised  for  building  purposes,  or  any  other  specific  purpose,  and  has 
not  been  expended,  the  district  at  *any  meeting  may  transfer  such  money  to 
any  other  fund.  The  building  fund  cannot  be  legally  transferred  to  the  teach- 
ers' fund  as  long  as  there  are  debts  due  against  the  district  for  building  ex- 
penses. Funds  derived  from  the  state  cannot  be  legally  transferred  from  the 
teachers'  fund  in  any  manner  whatever.  (See  last  part  of  section  1,  subdivision 
XI,  and  last  clause  of  section  5,  article  VIII,  of  the  constitution.) 

The  direction  spoken  of  in  this  section  is  general,  and  not  special;  it  can- 
not descend  to  all  the  details  of  school  management.  Cited  9  Neb.,  331.  19  Id., 
562.  32  Id.,  354. 


Subdiv.   2.  DISTRICT  MEETINGS  25 

Sec.  14. — Length  of  term. — They  shall  also  determine  at  each  annual 
meeting  the  length  of  time  a  school  shall  be  taught  in  the  district  the  en- 
suing year,  which  shall  not  be  less  than  three  months  by  a  legally  qualified 
teacher  in  a  district  having  less  than  twenty  pupils  of  school  age,  nor  less 
than  six  months  in  districts  having  between  twenty  and  seventy-five 
pupils,  inclusive,  nor  less  than  nine  months  in  districts  having  more  than 
seventy-five  pupils.  They  may  also  determine  and  instruct  the  district 
officers  as  to  the  different  length  of  the  terms  of  school,  and  the  seasons, 
of  the  year  in  which  the  same  shall  be  taught;  and  the  district  officers 
shall  see  that  school  is  actually  taught  therein  by  a  licensed  teacher  in 
conformity  to  such  instructions  and  for  not  less  than  the  length  of  time 
herein  required.  No  district  shall  receive  any  portion  of  the  state  funds 
unless  school  shall  have  been  actually  taught  therein  for  the  length  of 
time  required  by  this  act;  Provided,  That  in  case  of  epidemic  sickness 
prevailing  to  such  an  extent  that  the  school  board  in  any  district  shall 
deem  it  advisable  to  close  any  or  all  schools  within  the  district,  or  if  on 
account  of  the  destruction  of  the  school  house,  it  shall  be  impossible  to 
continue  the  school,  such  closing  of  school  shall  not  prevent  it  from  draw- 
ing its  proper  share  of  the  state  apportionment.  Such  sickness,  or  de- 
struction of  the  school  house,  shall  be  sworn  to  by  the  district  board,  and 
the  oath  filed  with  the  county  superintendent  within  ten  days  after  the 
annual  school  meeting.  Provided  further,  That  no  district  shall  be  de- 
prived of  its  proportionate  share  of  state  school  funds  when  it  shall  a'ppear 
by  the  affidavit  of  the  district  board,  to  be  made  and  filed,  as  aforesaid, 
that  the  district  has  in  good  faith  raised  and  expended  the  maximum  tax 
allowed  by  law  and  the  funds  so  raised  have  been  insufficient  to  maintain 
a  school  for  the  time  herein  provided. 

Sec.  14a. — At  least  seven  months'  school. — State  aid. — For  the  pur- 
pose of  providing  at  least  seven  months  of  school  each  year  in  the  first 
eight  grades  for  all  the  youth  of  this  state  whose  parents  or  guardians  live 
in  public  school  districts  whose  funds  are  not  sufficient  to  maintain  school 
for  at  least  seven  months,  there  shall  be  paid  to  each  district  by  the  state 
treasurer  such  an  amount  as  is  necessary  to  enable  such  district  to  main- 
tain seven  months  of  school  with  a  legally  qualified  teacher  at  a  salary  of 
not  less  than  thirty  dollars  a  month.  Provided,  That  no  state  aid  shall 
be  given  any  public  school  district  unless  it  has  voted  the  maximum  tax 

SEC.  14.  The  things  mentioned  in  section  14  must  be  determined  at  the 
annual  meeting,  and  if  not  then  determined  must  be  left  to  the  board. 

The  penalty  which  the  law  inflicts  upon  a  district  for  not  keeping  up  schools 
is  the  forfeiture  of  the  next  year's  apportionment. 

The  teacher's  pay  goes  on  while  the  school  is  closed  by  order  of  the  board 
so  long  as  he  holds  himself  in  readiness  to  go  on  with  the  school. 

It  must  be  clear  that  in  consequence  of  such  epidemic  (or  destruction  of 
house)  no  school  could  be  taught,  and  that  the  failure  was  not  caused  by  mere 
neglect.  [Maxwell's  Practice.] 

It  is  the  duty  of  the  county  superintendent  to  see  that  no  district  in  his 
county  receives  credit  for  school  taught  by  one  who  does  not  hold  a  valid  cer- 
tificate. 

If  a  district,  at  the  annual  meeting,  leave  the  length  of  term  of  school  to 
the  discretion  of  the  school  board,  it  can  be  compelled  to  make  good  the  rea- 
sonable contracts  entered  into  by  the  board. 


2(5  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   •> 

levy  authorized  by  section  5437,  chapter  79,  Compiled  Statutes  of  Nebraska 
for  1905  (Wheeler),  and  until  the  accounts  of  such  district  are  audited  and 
approved  by  the  county  superintendent  of  the  proper  county.  No  district 
shall  receive  in  any  one  year  any  state  aid  under  the  provisions  of  this  act 
in  excess  of  one  hundred  twenty  dollars,  which  amount  so  paid  shall  be 
applied  exclusively  to  the  payment  of  teachers'  wages. 

Sec.  14b. — Same,  amounts  due. — It  shall  be  the  duty  of  the  county  su- 
perintendent of  the  proper  county  on  or  before  the  second  Monday  in  June 
of  each  year  to  certify,  under  oath,  to  the  state  superintendent  of  public 
instruction  the  number  of  districts  entitled  to  state  aid  under  the  provi- 
sions of  this  act,  the  amount  due  each,  and  such  other  items  as  may  be 
required  by  the  state  superintendent  of  public  instruction.  It  shall  be  the 
duty  of  the  state  superintendent  of  public  instruction,  on  or  before  the  last 
Monday  in  June  of  each  year,  to  certify  the  amounts  of  state  aid  due  the 
several  counties  under  the  provisions  of  this  act  to  the  state  auditor,  who 
shall  draw  warrants  on  the  state  treasurer  in  favor  of  the  various  coun- 
ties for  the  sums  so  specified  by  the  state  superintendent  of  public  in- 
struction. The  state  treasurer  shall  remit  said  amounts  to  the  county 
treasurer  of  the  several  counties  who  shall  place  it  to  the  credit  of  the 
proper  districts  of  his  county  in  accordance  with  the  instructions  of  the 
county  superintendent  thereof. 

Sec.  14c. — Same,  appropriation,  how  used. — For  the  purpose  of  carry- 
ing out  the  provisions  of  this  act  there  is  hereby  appropriated  out  of  any 
moneys  in  the  state  treasury  not  otherwise  appropriated  the  sum  of  fifty 
thousand  dollars.  If  the  amount  available  is  not  sufficient  to  pay  the  full 
sum  to  which  each  district  is  entitled  under  the  provisions  of  this  act,  it 
shall  be  divided  pro  rata  among  the  several  school  districts  entitled  thereto 
in  proportion  to  the  aggregate  number  of  days  attended  by  all  pupils  in 
the  several  districts.  [Approved  April  10,  1907.] 

Sec.  15. — Sale  of  district  property. — Said  qualified  voters  shall  also,  at 
any  annual  or  special  meeting,  authorize  and  direct  by  a  two-thirds  vote 
the  sale  of  any  schoolhouse,  site,  building,  or  other  property  belonging  to 
the  school  district  when  the  same  shall  no  longer  be  needed  for  the  use 
of  the  district;  and  when  real  estate  is  sold  the  district  may  convey  the 
same  by  deed,  signed  by  the  moderator  of  the  district,  and  such  deed, 
when  acknowledged  by  such  officer  to  be  the  act  of  the  district,  may  be 
recorded  in  the  office  of  the  recorder  of  deeds  of  the  county  in  which  the 
real  estate  is  situated,  in  like  manner  as  other  deeds. 

Sec.  16. — Prosecution  and  defense. — They  may  also  give  such  direc- 
tions and  make  such  provisions  as  they  shall  deem  necessary  in  relation 
to  the  prosecution  or  defense  of  any  proceeding  in  which  the  district  may 
be  a  party  or  interested. 


Subdiv.   3.  DISTRICT  OFFICERS  27 

SUBDIVISION    III.— DISTRICT    OFFICERS. 

Section  1. — Election  of  officers. — The  qualified  voters  of  every  new 
district,  when  assembled  pursuant  to  legal  notice,  and  all  existing  districts 
at  their  annual  meetings,  shall  elect  by  ballot,  from  the  qualified  voters  of 
such  district,  a  moderator  for  three  years,  a  director  for  two  years,  and  a 
treasurer  for  one  year;  and  at  the  expiration  of  their  respective  terms  of 
office,  and  regularly  thereafter,  their  several  successors  shall  be  elected 
for  the  term  of  three  years  each,  and  all  officers  so  elected  shall  hold  their 
offices  until  their  successors  are  elected  or  appointed  and  qualified;  Pro- 
vided That  officers  of  existing  organized  districts  shall  continue  and  dis- 
charge the  duties  of  their  several  offices  until  the  expiration  of  the  same. 

Sec.  2. — First  year  of  term. — When  a  new  district  is  organized  and  the 
officers  elected  at  any  other  time  than  at  the  annual  meeting,  the  time  in- 
tervening between  the  date  of  such  organization  and  the  beginning  of  the 
next  school  year  shall  constitute  the  first  year  in  the  term  of  such  officers. 

Sec.  3. — Acceptance. — Within  ten  days  after  their  election,  these  sev- 
eral officers  shall  file  with  the  director  a  written  acceptance  of  the  offices 
to  which  they  shall  have  been  respectively  elected,  which  shall  be  recorded 
by  said  director. 

Sec.  4. — Organization. — Every  such  school  district  shall  be  deemed  duly 
organized  when  any  two  of  the  officers,  elected  at  the  first  meeting,  shall 
have  filed  their  acceptance  as  aforesaid. 

Sec.  5. — New  notice. — In  case  the  inhabitants  of  any  district  shall  fail 
to  organize  the  same,  in  pursuance  of  such  notice  as  aforesaid,  the  said 
county  superintendent  shall  give  a  new  notice  in  the  manner  hereinbefore 
provided,  and  the  same  proceeding  shall  be  had  thereon  as  if  no  previous 
notice  had  been  delivered. 

Sec.  6. — Appointment  by  County  superintendent. — In  all  cases  where 
the  county  superintendent  of  any  county  shall  form  a  school  district 
therein,  and  where  no  election  for  school  district  officers  shall  be  held 
therein,  it  shall  be  the  duty  of  the  county  superintendent  of  the  county  in 
which  such  district  is  situated  to  appoint  the  officers  of  such  district  from 
the  legal  voters  thereof,  which  officers  thus  appionted  shall  severally  file 


SEC.  1.  The  newly  elected  director  should  file  his  acceptance  with  his  pre- 
decessor, or,  if  he  had  none,  it  should  be  written  out  and  kept  with  the  papers 
in  his  office. 

District  officers  must  be  elected  by  ballot.  No  authority  to  adjourn  annual 
meeting  for  the  election  of  officers.  15  Neb.,  444. 

SEC.  3.  An  officer  elected  or  appointed  should  not  fail  to  file  a  written  ac- 
ceptance with  the  director:  a  verbal  acceptance  is  not  enough,  but  it  is  held 
that  the  entrance  upon  and  the  discharge  of  the  duties  of  the  office  is  a  suf- 
ficient acceptance.  The  filing  of  his  bond  by  the  treasurer  elect  is  held  to  be 
the  same  in  effect  as  a  formal  written  acceptance.  See  30  Neb.,  360. 

SEC.  4.  In  organizing  a  new  district,  great  care  should  be  taken  to  have 
all  the  steps  legal,  and  to  preserve  full,  clear,  and  accurate  record  of  all  the 
proceedings,  since,  during  the  first  year  after  the  district  is  organized,  any 
charge  of  illegality  in  its  formation  must  be  met  by  reference  to  the  records  of 
its  organization,  and  by  section  8,  subdivision  I,  such  records  are  made  prima 
facie  evidence  of  the  facts  therein  set  forth.  But  after  a  district  has  been 
transacting  regular  business  for  a  year,  according  to  section  8,  subdivision  III^ 
it  is  then  held  to  be  a  legal  district. 


28  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.  4 

with  the  director  a  written  acceptance  of  the  offices  to  which  they  shall 
have  been  appointed,  which  shall  be  recorded  by  the  director. 

Sec.  7. — Organization. — Every  such  school  district  shall  be  deemed 
duly  organized  whenever  any  two  of  the  officers  thus  appointed  shall  have 
filed  their  acceptance  as  aforesaid,  and  such  school  district  and  its  officers 
shall  be  entitled  to  all  the  rights,  privileges,  and  immunities,  and  be  sub- 
ject to  all  the  duties  and  liabilities  conferred  upon  school  districts  by  law. 

Sec.  8. — Presumption  of  legal  organization. — Every  school  district 
shall,  in  all  cases,  be  presumed  to  have  been  legally  organized  when  it 
shall  have  exercised  the  franchises  and  privileges  of  a  district  for  the  term 
of  one  year. 

Sec.  9. — Term  of  office. — District  officers  appointed  to  fill  vacancies 
shall  hold  their  office  until  the  beginning  of  the  next  school  year.  Officers 
elected  at  a  special  meeting  shall  serve  for  the  remainder  of  the  unexpired 
term,  and  until  their  successors  are  elected  and  qualified. 

Sec.  10. — Officer  as  teacher. — No  person  holding  a  school  district  of- 
fice shall  be  employed  to  teach  in  the  district  of  which  he  is  an  officer,  un- 
less upon  a  petition  signed  by  two-thirds  of  the  legal  voters  of  the  district, 
which  petition  shall  be  filed  with  the  papers  of  the  district.  The  contract 
of  such  officer  shall  be  made  by  the  other  members  of  the  district  board. 

Sec.  11. — Refusal  to  sign  or  pay  orders. — Whenever  a  director  or  mod- 
erator refuses  to  sign  orders  on  the  treasurer,  or  the  treasurer  thinks  it 
best  to  refuse  the  payment  of  orders  drawn  upon  him,  the  difficulty  shall 
be  referred  for  adjudication  to  the  county  superintendent,  who  shall  pro- 
ceed at  once  to  investigate  the  matter,  and  if  he  finds  that  the  officer  com- 
plained of  refuses  through  contumacy  or  for  insufficient  reasons,  it  shall 
be  the  duty  of  the  superintendent,  on  behalf  of  the  district,  to  apply  to  the 
proper  court  for  a  writ  of  mandamus  to  compel  the  officer  to  perform  his 
duty. 


SUBDIVISION    IV.— DISTRICT  OFFICERS,   POWERS  AND   DUTIES. 

Section.  1. — Moderator,  duties  of. — The  moderator  shall  have  power, 
and  it  shall  be  his  duty,  to  preside  at  all  meetings  of  the  district,  to  coun- 
tersign all  orders  upon  the  treasurer  for  money  to  be  disbursed  by  the  dis- 
trict, and  all  warrants  of  the  director  on  the  county  treasurer  for  moneys 
raised  for  district  purposes,  or  apportioned  to  the  distict  by  the  county 

SEC.  8.     Cited  42  Neb.,  499. 

SEC.  11.  This,  however,  will  not  prevent  a  party  in  a  proper  case  from 
bringing  an  action  in  his  own  name.  Cited  19  Neb.,  565;  32  Id.,  354;  35  Id.,  655. 

SEC.  1.  When  the  moderator  refuses  to  sign  orders  legally  issued  by  the 
director,  he  can  be  compelled  to  do  so  by  mandamus.  (See  section  11,  subdi- 
vision III.) 

When  the  moderator  is  absent  from  a  district  meeting,  one  should  be  ap- 
pointed. The  director  is  clerk  of  the  meeting,  and  has  no  right  to  preside  in 
the  absence  of  the  moderator. 


Subdiv.  4.         DISTRICT  OFFICERS— POWERS  AND  DUTIES  2^ 

superintendent,  and  to  perform  such  other  duties  as  may  be  required  of 
him  by  law.  If  the  moderator  be  absent  from  any  district  meeting,  the 
qualified  voters  present  may  elect  a  suitable  person  to  preside  at  the 
meeting. 

Sec.  2. — Arrest  of  disorderly  person. — If  at  any  district  meeting  any 
person  shall  conduct  himself  or  herself  in  a  disorderly  manner,  and  after 
notice  of  the  moderator  or  person  presiding,  shall  persist  therein,  the  mod- 
erator or  person  presiding  may  order  him  or  her  to  withdraw  from  the 
meeting,  and  on  his  or  her  refusal,  may  order  any  constable,  or  any  other 
person  or  persons  to  take  him  or  her  into  custody  until  the  meeting  shall 
be  adjourned. 

Sec.  3. — Fine  for  disturbing  meeting. — Any  person  or  persons  who- 
shall  refuse  to  withdraw  from  such  meeting  on  being  so  ordered  as  pro- 
vided in  the  preceding  section  or  who  shall  willfully  disturb  such  meeting 
shall,  on  conviction  thereof,  be  fined  in  a  sum  not  exceeding  twenty  dol- 
lars, which  fine  shall  be  paid  into  the  school  fund  of  the  district. 

Sec.  4. — Bond  of  treasurer. — The  treasurer  of  each  district  shall  within 
ten  days  after  the  election,  execute  to  the  county  and  file  with  the  director 
a  bond  of  not  less  than  five  hundred  dollars  in  any  instance,  nor  less  than 
double  the  amount  of  money  as  near  as  can  be  ascertained,  to  come  into 
his  hands  as  treasurer  and  at  any  one  time,  with  sufficient  sureties,  to  be 
approved  by  the  director  and  moderator,  conditioned  for  the  faithful  dis- 
charge of  the  duties  of  his  office;  such  bond  when  approved  shall  be  filed 
by  the  director  in  the  office  of  the  county  clerk  of  the  county  wherein  the 
school  district  is  situated;  and  if  the  treasurer  shall  fail  to  execute  such 
bond,  his  office  shall  be  declared  vacant  by  the  district  board  and  the 
board  shall  immediately  appoint  a  treasurer,  who  shall  be  subject  to  the 
same  conditions  and  possess  the  same  powers  as  if  elected  to  that  office. 

Sec.  5. — Receipt  and  disbursment. — It  shall  be  the  duty  of  the  treas- 

SECS  °  and  3.  For  penalty  for  disturbing  any  school,  society,  or  meeting 
convened  for  improvement  in  music,  letters,  or  for  social  improvement,  see 
Criminal  Code,  Compiled  Statutes. 

SEC  4.  The  treasurer  should  not  be  allowed  to  draw  money  from  the 
county  treasurer  till  he  has  filed  his  bond.  The  other  members  of  the  board 
should  not  be  sureties  on  the  treasurer's  bond.  A  school  treasurer  may  hold 
other  offices,  county  or  precinct.  When  a  board  allows  a  treasurer,  whose  bond 
has  not  been  approved,  to  handle  public  funds,  the  members  of  the  board  be- 
come individually  liable  for  any  loss  that  may  occur.  District  treasurers  are 
reminded  that  to  use  or  lend  any  part  of  the  public  money  in  their  hands  is  an 
offense  which  if  proven  against  them,  renders  them  liable  to  fine  and  imprison- 
ment (See  Compiled  Statutes.)  The  treasurer  must  file  his  bond  with  the 
director  and  the  director  must  file  it  with  the  county  clerk.  The  director  should 
keep  a  record  of  both  filings.  A  district  treasurer  elected  to  succeed  himself 
must  file  a  new  bond.  52  Neb.,  1. 

SEC    5      This  money  may  be  drawn  from    the    county   treasury   at   any   time. 

It  is'  tlie  right  and  duty  of  the  district  treasurer  to  draw  and  hold  funds 
collected  bv  the  county  treasurer  to  the  credit  of  the  district.  22  Neb..  52. 

School  district  funds  can  be  paid  out  legally  only  on  the  order  of  the  direc- 
tor countersigned  by  the  moderator. 

'  The  county  treasurer  has  no  right  to  receive  orders  drawn  by  the  director 
in  favor  of  any  one  but  the  district  treasurer,  who  is  the  only  person  author- 
ized to  receive  district  money  from  the  county  treasurer,  and  he  should  pay  no 
order  until  countersigned  by  the  moderator.  11  Neb.,  283. 

A  school  district  has  no  authority  to  release  its  treasurer  from  liability  for 
- --vTev  lost  or  misapplied  by  him.  10  Neb..  296.  Cited  19  Id.,  494,  565. 


30  SCHOOL  LAWS  OF  NEBRASKA  SuMiv.  4. 

tirer  of  each  district  to  apply  for  and  receive  from  the  county  treasurer 
all  school  moneys  apportioned  to  the  district  or  collected  for  the  same  by 
said  county  treasurer,  upon  order  of  the  director,  countersigned  by  the 
moderator,  and  to  pay  over  on  the  order  of  the  director,  countersigned  by 
the  moderator  of  such  district,  all  moneys  received  by  him. 

Sec.  6. — Treasurer's  record. — The  treasurer  shall  keep  a  book  fur- 
nished by  the  district,  in  which  he  shall  enter  all  the  moneys  received  and 
disbursed  by  him,  specifying  particularly  the  source  from  which  money 
has  been  received,  and  to  what  fund  it  belongs,  and  the  person  or  per- 
sons to  whom,  and  the  object  for  which  the  same  has  been  paid  out.  He 
shall  present  to  the  district,  at  each  annual  meeting,  a  report  in  writing, 
containing  a  statement  of  all  moneys  received  by  him  during  the  preceding 
year  and  of  the  disbursements  made  by  him,  with  the  items  of  such  dis- 
bursements, and  exhibit  the  vouchers  therefor,  and  at  the  close  of  the 
term  of  his  office  shall  settle  with  the  district  board,  and  shall  hand  over 
to  his  successor  said  books  and  all  receipts,  vouchers,  orders,  and  papers 
coming  into  his  hands  as  treasurer  of  the  district,  together  with  all 
moneys  remaining  in  his  hands  as  such  treasurer. 

Sec.  7. — Treasurer,  appear  for  district. — It  shall  also  be  the  duty  of  the 
treasurer  to  appear  for  and  on  behalf  of  the  district  in  all  suits  brought  by 
or  against  the  same,  whenever  no  other  directions  shall  be  given  by  the 
qualified  voters  in  the  district  meeting,  except  in  suits  in  which  he  is  in- 
terested adversely  to  the  district;  and  in  all  such  cases  the  director  shall 
appear  for  such  district,  if  no  other  directions  shall  be  given  as  aforesaid. 

Sec.  8. — Insufficient  bond. — Whenever  by  the  failure  of  his  sureties, 
or  otherwise,  the  official  bond  of  the  district  treasurer  becomes,  in  the 
opinion  of  the  other  members  of  the  board,  insufficient  to  protect  the  dis- 
trict from  loss,  it  shall  be  the  duty  of  the  director  and  moderator  to  de- 
mand additional  security  or  a  new  bond  of  the  treasurer.  If  the  treasurer 
refuse  or  neglect  to  procure  a  satisfactory  bond  and  present  it  to  the  other 
members  for  approval  within  ten  days  after  said  demand,  the  said  moder- 
ator and  director  may  declare  his  office  vacant,  and  proceed  to  call  a  dis- 
trict meeting  to  elect  a  new  treasurer  to  fill  the  unexpired  term; 

Provided.  That  nothing  in  this  section  shall  be  construed  to  in- 
terfere with  the  liabilities  of  principals  and  sureties  in  such  bond  or  the 
rights  of  sureties  as  denned  by  law  regulating  official  bonds. 

Sec.  9. — Director,  clerk. — The  director  shall  be  clerk  of  the  district 
board  and  of  all  district  meetings  when  present,  but  if  he  shall  not  be  pres- 


SEC.  6.  The  district  treasurer  should  settle  with  the  district  at  the  annual 
meeting,  and  the  terms  and  items  of  this  settlement  should  be  recorded  in  full. 

SEC.  7.  Action  on  a  demand  belonging  to  the  district  must  be  brought  in 
the  name  of  the  district.  11  Neb.,  283.  When  the  action  is  not  brought  by  the 
treasurer  the  petition  should  state  the  cause.  10  Neb.,  268.  Cited  12  Id.,  241. 

SEC.  8.  Duties  devolving  upon  the  moderator  and  director  by  this  section 
can  only  be  performed  by  those  two  officers  acting  in  conjunction.  22  Neb.,  51. 

Collection  of  taxes  for  payment  of  loss  of  funds  in  insolvent  bank.     51  Neb., 


Snbdiv.   4.         DISTRICT  OFFICERS -POWERS  AND  DUTIES  81 

ent,  the  qualified  voters  may  appoint  a  clerk  for  the  time  being,  who  shall 
certify  the  proceedings  to  the  director  to  be  recorded  by  him. 

Sec.  10. — Director's  record. — The  director  shall  record  all  proceedings 
of  the  district  in  a  book  furnished  by  the  district,  to  be  kept  for  that  pur- 
pose, and  preserve  copies  of  all  reports  made  to  the  county  superintendent, 
and  safely  preserve  and  keep  all  books  and  papers  belonging  to  his  office. 

Sec.  11. — Teacher's  contract. — The  director,  with  the  consent  and  ad- 
vice of  the  moderator  and  treasurer,  or  one  of  them,  or  under  their  direc- 
tion, if  he  shall  not  concur,  shall  contract  with  and  hire  qualified  teachers 
for  and  in  the  name  of  the  district,  which  contract  shall  be  in  writing  and 
shall  have  the  consent  of  the  moderator  and  treasurer,  or  one  of  them,  en- 
dorsed thereon,  and  shall  specify  the  wages  per  week  or  month  as  agreed 
by  the  parties,  and  a  duplicate  thereof  shall  be  filed  in  his  office ; 

Provided,  That  if  the  director  shall  refuse  to  make  and  sign  such  con- 
tract, when  directed,  so  to  do  by  the  moderator  and  treasurer,  then  it  may 
be  made  and  signed  by  the  moderator  and  treasurer.  The  director  shall 
notify  the  county  superintendent  at  the  time  the  contract  is  made,  of  the 
length  of  the  proposed  term  of  school,  when  the  school  will  begin  and  of 
the  name  of  the  teacher.  And  no  money  belonging  to  the  district  shall  be 
paid  for  teaching  to  any  but  legally  qualified  teachers. 

Provided  further,  That  a  contract  made -before  the  annual  meeting,  in 
order  to  be  legal,  must  be  signed  by  two  members  whose  terms  of  office  do 
not  expire  with  the  school  year  in  which  such  contract  is  made. 

Provided,  further,  That,  no  such  contract  with  a  teacher  shall  be  valid 
unless  agreed  to  either  by  all  the  members  of  the  district  board  or  by  two 
members  of  such  board  who  are  not  related  to  the  fourth  degree  to  the  said 
teacher  and  whose  terms  of  office  extend  beyond  the  date  of  the  term  ot 
school  contracted  for. 


SEC.  10.  It  is  to  this  record  alone  that  resort  must  be  had  to  ascertain  what 
the  district  has  done,  what  taxes  it  has  voted,  etc.  4  Neb.,  307. 

SEC.  11.  The  district,  at  the  annual  meeting,  may  determine  whether  a 
summer  or  winter  school  shall  be  taught  (see  section  14,  subdivision  II),  but  it 
is  the  business  of  the  board  to  choose  the  teacher,  and  the  director  should  make 
the  formal  contract  with  the  person  so  chosen.  If  the  director  refuses  to  make 
the  contract  it  may  be  made  by  the  other  two  members  of  the  board. 

A  school  board  may  direct  the  school  to  be  closed  on  Thanksgiving,  the 
Fourth  of  July,  or  similar  occasions,  and  not  require  the  teacher  to  make  up 
the  time. 

The  school  board  is  the  proper  party  to  fix  the  wages  of  teachers — the  dis- 
trict meeting  cannot  do  it. 

Unless  a  teacher  agrees  on  his  contract  to  build  fires  and  sweep  the  school- 
house,  he  cannot  be  compelled  to  do  so. 

A  district  board  cannot  make  a  legal  contract — one  that  will  bind  the  dis- 
trict— with  a  teacher  who  does  not  hold  a  valid  certificate,  and  members  of  the 
board  will  be  personally  liable  to  the  district  for  money  paid  to  a  teacher  who 
is  not  legally  qualified.  13  Neb.,  52. 

A  teacher  is  legally  qualified  to  teach  in  a  joint  district,  who  holds  a  cer- 
tificate from  the  superintendent  of  either  county  in  which  such  district  lies. 

If  the  contract  is  signed  by  one  who  is  a  director  de  facto  it  will  bind  the 
district.  9  Neb.,  56.  Contract  by  director  and  treasurer  valid.  13  Neb.,  69.  35 
Id.,  655.  Breach  of  contract.  31  Neb..  501. 


82  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.  4 

Sec.  12. — Census. — Within  ten  days  previous  to  the  annual  district 
meeting,  the  director  shall  take  the  census  of  his  district,  and  make  a  list 
in  writing  of  the  names  of  all  the  children  belonging  thereto,  between  the 
ages  of  five  and  twenty-one  years,  together  with  the  names  of  all  the  tax- 
payers in  the  district.  In  case  of  the  absence  or  inability  of  the  director, 
such  census  shall  be  taken  by  the  moderator  or  treasurer  or  such  person 
as  they  may  appoint,  and  a  copy  of  such  list,  verified  by  the  oath  of  the 
person  taking  such  census,  by  affidavit  appended  to  or  endorsed  thereon, 
setting  forth  that  it  is  a  correct  list  of  the  names  of  all  children  belonging  to 
the  district  between  the  ages  of  five  and  twety-one  years,  and  that  it  was 
taken  within  fen  days  preceding  the  annual  meeting,  shall  be  returned 
with  the  annual  report  of  the  director  to  the  county  superintendent;  Pro- 
vide 1,  That  in  cities  of  the  first  and  second  class,  thirty  (30)  days  shall  be 
allowed  for  taking  said  census,  said  census  to  be  completed  before  July  1. 

Sec.  13. — Supplies,  repairs. — The  director  shall,  with  the  concurrence 
of  the  moderator  and  treasurer,  or  either  of  them,  provide  the  necessary 
appendages  for  the  schoolhouse,  and  keep  the  same  in  good  condition  and 
repair  during  the  time  school  shall  be  taught  in  said  schoolhouse,  and  shall 
keep  an  accurate  account  of  all  expenses  incurred  by  him  as  director. 
Such  account  shall  be  audited  by  the  moderator  and  treasurer,  and 
on  their  written  order  shall  be  paid  out  of  the  general  school  fund. 

Sec.  14. — Estimate  of  expenditures. — He  shall  present  at  each  annual 
meeting  an  itemized  estimate  of  the  amounts  necessary  to  be  expended 
during  the  ensuing  year  for  school  purposes,  and  for  the  payment  of  the 
services  of  any  school  district  officer;  but  no  tax  for  these  purposes 
shajl  be  voted  at  any  special  meeting.  He  shall  also  present  to  the  annual 
meeting  a  statement  of  all  orders  drawn  on  the  county  treasurer,  and  the 
amount  of  each,  and  of  all  orders  on  the  district  treasurer,  and  the 
amount  of  each,  for  what  purpose  and  to  whom  given.  Before  adjourn- 
ment of  each  annual  meeting  the  director  shall  read  the  minutes  of  the 
meeting  and  have  the  same  corrcted  and  approved  by  a  majority  vote  of 
said  meeting. 

Sec.  15.— Notice  of  district  meeting.— He  shall  give  the  prescribed 
notice  of  the  annual  district  meetings,  and  all  such  special  meetings  as 
he  shall  be  required  to  give  notice  of,  in  accordance  with  the  provisions 

SEC.  12.  The  census  can  be  legally  taken  at  no  other  time  than  this.  No 
special  census  report  can  be  called  for. 

Marriag-e  will  not  exclude  from  the  census  list  persons  otherwise  entitled  to 
be  enumerated.  No  stated  length  of  time  is  required  that  children  must  live 
m  a  district  before  they  are  counted  in  the  census.  Children  brought  into  a 
district  within  the  ten  days  during  which  the  census  can  be  taken  if  alreadv 
counted  in  the  district  from  which  they  came,  should  be  listed  in  the  district 
to  which  they  have  come,  and  stricken  from  the  other. 

The  home  of  a  child  is  usually  with  its  parents  or  guardians,  but  may  be 
elsewhere.  A  child  of  school  age  who,  bona  fide,  resides  in  a  district  for  other 

to  sch001    vne- and  its  name  should  b* 


SEC.  13.     67  Neb.,  635.  !  ?     j 


Subdiv.  4.         DISTRICT  OFFICERS-POWERS  AND  DUTIES  33 

of  this  chapter,  one  copy  of  which  for  each  meeting  shall  be  posted  on  the 
outer  door  of  the  schoolhouse,  if  there  be  one. 

Sec.  16. — District  orders. — He  shall  draw  and  sign  all  orders  upon  the 
treasurer  for  all  moneys  to  be  disbursed  by  the  district,  and  all  warrants 
upon  the  county  treasurer  for  moneys  raised  for  district  purposes,  or  appor- 
tioned to  the  district  by  the  county  superintendent,  and  present  the  same 
to  the  moderator,  to  be  countersigned  by  him,  and  no  warrant  shall  be  is- 
sued until  so  countersigned.  No  warrant  shall  be  countersigned  by  the 
moderator  until  the  amount  for  which  the  warrant  is  drawn  is  written  up* 
on  its  face.  The  moderator  shall  keep  a  record,  in  a  book  furnished  by 
the  district,  of  the  amount,  date,  purpose  for  which  drawn,  and  name  of 
.person  to  whom  issued,  of  each  warrant  countesigned  by  him. 

Sec.  17. — Report  of  census. — The  director  shall,  within  ten  days  after 
the  annual  district  meeting,  deliver  to  the  county  superintendent,  to  be 
filed  in  his  office,  a  report  under  oath,  showing  the  whole  number  of  child- 
ren belonging  to  the  district  between  the  ages  of  five  and  twenty-one  years 
according  to  the  census  taken  aforesaid;  and  any  district  board  neglecting 
to«take  the  enumeration  and  make  a  return  of  the  same  shall  be  liable  to 
said  district  for  all  school  moneys  which  such  district  may  lose  by  such 
neglect. 

Within  ten  days  after  the  annual  district  meeting,  the  director  shall 
report  to  the  county  superintendent,  to  be  filed  in  his  office  a  report  under 
oath,  showing: 

1st.  The  number  attending  school  during  the  year  under  five,  and  also 
the  number  over  twenty-one  years  of  age. 

2d.  The  whole  number  that  have  attended  school  during  the  year. 

3d.  The  whole  number  in  the  district  between  the  ages  of  eight 
(seven)  and  fourteen  (fifteen)  years,  inclusive. 

4th.  The  whole  number  in  the  district  between  the  ages  of  eight 
(seven)  and  fourteen  (fifteen)  years,  inclusive,  that  have  attended  school 
not  less  than  twelve  weeks  during  the  school  year. 

5th.  The  length  of  time  the  school  has  been  taught  during  the  year  by 
a  qualified  teacher,  the  length  of  time  taught  by  each  teacher,  and  the 
wages  paid  to  each. 

6th.  The  total  number  of  days  all  scholars  between  the  ages  of  five 
and  twenty-one  years  have  attended  school  during  the  year. 

SEC.  16.  School  district  orders  are  subject  to  same  defense  against  a  bona 
fide  holder  for  value  as  against  the  payee.  4  Neb..  359.  Cited  19  Id..  564.  32 
Id.,  370.  A  writ  of  mandamus  cannot  issue  to  the  treasurer  of  a  school  district 
requiring  payment  by  him  of  an  order  payable  by  its  terms  at  a  fixed  time  in 
the  future,  and  in  the  meantime  drawing  interest  at  a  rate  per  centum  defined 
by  the  terms  of  the  order  itself.  39  Id.,  570.  Moderator  must  countersign  all 
proper  orders.  35  Neb.,  655. 

The  school  board  has  no  authority  to  draw  and  accept  orders  on  a  fund 
which  the  district  has  proposed,  but  not  yet  raised.  4  Neb.,  360. 

SEC.  17.  The  penalty  incurred  by  a  failure  to  report  correctly  the  items  in 
the  first  paragraph  of  this  section  applies  equally  to  the  others.  .  Should  the 
director  not  send  in  a  complete  report,  it  is  the  duty  of  the  county  superintend- 
ent to  return  it  for  correction.  The  report  must  be  made  under  oath.  See  sec* 
tion  10.  subdivision  11. 


34  SCHOOL  LAWS  OF' NEBRASKA  Subcliv.   5. 

7th.  The  amount  of  money  received  from  the  county  treasurer  during 
the  year,  and  the  amount  of  money  expended  by  the  district  during  the 
year. 

8th.  The  number  of  mills  levied  for  all  school  purposes. 

9th.  The  kind  of  books  used  in  the  school. 

10th.  Number  of  children  to  whom  text-books  are  furnished,  and  kind 
of  books. 

llth.  The  amount  of  bonded  indebtedness. 

12th.  Such  other  facts  and  statistics  as  the  superintendent  shall  di- 
rect. 

Sec.  18. — County  superintendent  administer  oaths. — For  the  purpose 
of  attesting  school  reports  arid  other  purposes  connected  with  the  ad- 
ministration of  the  school  law,  county  superintendents  are  hereby  author- 
ized to  administer  the  required  oaths. 

Sec.  19. — Statement  of  assessed  valuation. — It  shall  be  the  duty  of  the 
director  to  furnish,  for  the  use  of  the  annual  meeting  of  each  year,  a  state- 
ment of  tiie  aggregate  assessed  valuation  of  all  property  in  the  district, 
and  the  amount  of  taxes,  as  near  as  may  be,  that  will  be  collected  for  the 
use  of  the  district. 


SUBDIVISION   V.— DISTRICT   BOARD,   POWERS  AND   DUTIES. 

Section  1. — District  board — Quorum,  Meeting. — The  moderator,  di- 
rector, and  treasurer  shall  constitute  the  district  board,  and  in  all  meet- 
ings of  the  board  two  members  shall  constitute  a  quorum  for  the  transac- 
tion of  business.  Meetings  of  the  board  may  be  called  upon  the  agreement 
of  two  members,  but  all  members  shall  have  notice  of  the  time  and  place 
of  meeting. 

Sec.  2. — Report  of  taxes  voted. — Immediately  after  the  annual  dis- 
trict meeting,  and  not  later  than  the  first  Monday  in  July,  said  board  shall 
make  and  deliver  to  the  county  superintendent,  and  also  to  the  county 
clerk  of  each  county  in  which  any  part  of  the  district  is  situated,  reports 
in  writing  under  their  hands,  of  all  taxes  voted  by  the  district  during  the 
current  school  year,  to  be  levied  on  the  taxable  property  of  the  district, 

SEC.  1.  A  contract  entered  into  and  signed  by  persons  styling  themselves 
as  director  and  moderator  of  a  school  district  is  their  individual  contract  and 
not  binding-  on  the  district.  4  Neb.,  254.  The  action  of  a  majority  of  the  board 
will  not  bind  the  district  without  notice  to  or  participation  therein  of  the  other 
members.  Id. 

A  contract  with  a  teacher  is  an  exception  'to  this  rule.  13  Neb.,  69.  35  Id., 
655. 

SEC.  2.  Taxes  were  voted  by  a  district  while  comprising  three  townships. 
Before  the  levy  2y2  townships  were  detached.  Held,  Taxes  should  be  levied  on 
the  district  as  it  existed  at  the  time  of  the  levy.  9  Neb.,  336.  But  where  such 
taxes  were  levied  in  the  district  as  it  existed  at  the  time  they  were  voted  and 
collected  from  property  therein,  held,  that  the  new  district  could  recover  from 
the  old  the  amount  collected  in  its  territory.  Id.  When  a  district  board  re- 
fuses to  act,  it  may  be-  compelled  to  perform  its  lawful  duties  by  a  writ  of 
mandamus.  11  Neb.,  359. 


Subdiv.  5.  DISTRICT  BOARD— POWERS  AND  DUTIES  3o 

and  to  be  collected  by  the  county  treasurer  at  the  same  time,  and  in  the 
same  manner  as  the  state  and  county  taxes  are  collected;  and  when  col- 
lected, to  be  paid  over  to  the  treasurer  of  the  proper  district  on  the  order 
of  the  director,  countersigned  by  the  moderator  of  said  district.  It  shall 
be  the  duty  of  the  county  clerk  to  levy  such  taxes,  if  voted  according  to 
law. 

Sec.  3. — General  care  of  school. — The  district  school  boards  shall  have 
the  general  care  of  the  schools,  and  shall  have  the  power  to  cause  pupils 
to  be  taught  in  such  branches  and  classified  in  such  grades  or  departments 
as  may  seem  best  adapted  to  a  course  of  study  which  the  school  boards  of 
any  county  shall  establish  by  the  consent  and  advice'of  the  county  super- 
intendent thereof,  and  the  school  board  of  each  district  shall  cause  a 
record  of  the  advancement  in  each  branch  of  study  of  all  the 
pupils  to  be  kept  in  a  book  to  be  provided  for  this  purpose;  and  it  is 
hereby  made  the  duty  of  each  district  board,  or  of  one  of  their  number 
empowered  by  the  board,  to  attend  all  meetings  called  by  the  county  sup- 
erintendent for  the  purpose  of  adopting  or  revising  a  course  of  study  for 
the  advancement  of  district  schools,  of  making  rules  and  regulations  as 
they  may  think  necessary  for  the  government  and  health  of  the  pupils,  and 
of  devising  such  means  as  may  seem  best  to  secure  regular  attendance 
and  progress  of  children  at  school. 

Sec.  4. — Non-resident  pupils. — Said  board  may  also  admit  to  the  dis- 
trict school  non-resident  pupils,  and  may  determine  the  rates  of  tutition  of 
such  pupils  and  collect  the  same  in  advance,  but  no  tutition  shall  be 
charged  such  children  as  are  or  may  be  by  law  allowed  to  attend  suck 
school  without  charge. 

Sec.  4a. — Attendance  at  a  nearer  school. — When  children  of  school  age- 
reside  with  their  parents  or  guardians  more  than  one  and  one-half  miles 
from  the  school  house  in  their  own  district,  and  at  least  one-half  mile 
n-earer  to  the  schoolhouse  in  an  adjoining  district,  said  distances  to  be 
measured  by  the  shortest  route  possible  upon  section  lines  or  traveled 
roads  open  to  the  public,  such  children  may  have  school  privileges  in  the 
said  adjoining  district  instead  of  in  the  district  of  their  residence,  under 
the  following  conditions,  to-wit:  The  parent  or  guardian  of  such  children 
shall,  at  or  before  each  annual  meeting,  notify  the  county  superintendent 
of  each  district  affected,  using  such  form  of  notice  as  the  state  superin- 
tendent shall  prescribe,  which  notice  shall  state  the  distances  as  herein 
provided  and  shall  be  attested  by  the  signature  of  a  legal  voter  and 
tax  payer  of  the  district  in  which  said  children  or  wards  reside,  and 
the  signature  of  a  majority  of  the  members  of  the  school  board  of  the 
district  in  which  said  children  or  wards  desire  school  privileges,  in  ad- 


SEC.  3.  The  board  may  discharge  a  teacher  who,  for  any  cause,  is  found 
incompetent.  6  Neb.,  173.  Cited  31  Id.,  552.  * 

SEC.  4.  The  residence  of  a  pupil  is  usually  with  his  parents,  if  living,  but 
may  be  elsewhere.  Children  sent  into  the  district  just  to  board  and  attend 
school  are  not  residents. 


36  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   5. 

dition  to  the  signature  of  such  parent  or  guardian;  and  said  county  sup- 
erintendent shall  notify  the  director  of  each  district  to  transfer  such  per- 
son, together  with  such  children  or  wards,  to  said  adjoining  district  for 
school  purposes  for  the  year  next  ensuing,  and  it  shall  be  the  duty  of  said 
county  superintendent  to  see  that  the  said  children  or  wards  -are  enumer- 
ated in  the  said  adjoining  district  and  not  in  the  district  of  their  residence. 
The  county  superintendent  shall  notify  the  county  clerk  of  the  said  trans- 
fer, and  the  said  county  clerk  shall  be  empowered,  and  it  is  hereby  made 
his  duty,  to  place  the  school  taxes,  except  for  the  payment  of  existing 
bonds  or  interest  on  the  same,  of  the  said  parents  or  guardians  and  of  the 
real  estate  on  which  they  reside,  not  exceeding  a  quarter  section  of  land, 
for  the  year  next  ensuing,  in  the  said  adjoining  district  instead  of  in  the 
district  of  their  residence,  basing  such  school  taxation  upon  the  levy  for 
school  purposes  in  said  adjoining  district,  and  the  assessed  valuation  of 
the  property  of  such  parents  or  guardians  and  said  real  etate  as  deter- 
mined by  the  proper  officers,  and  the  said  taxes  shall  be  collected  as  pro- 
vided by  law  for  other  taxes,  Provided,  That  when  such  transfer  shall 
have  been  made,  such  children  continue  to  have  school  privileges  in  said 
adjoining  district  until  their  parents  or  guardians  shall,  in  writing  notify 
the  county  "superintendent  of  their  desire  to  be  again  transferred  to  the 
district  of  their  residence,  or  shall  remove  from  said  real  estate;  in  either 
event,  the  county  superintendent  shall  notify  the  county  clerk  of  such  re- 
transfer,  and  the  taxes  of  said  parent  or  guardian  and  real  estate  shall 
again  be  placed  in  the  district  of  their  residence. 

Provided,  further,  That  the  parents  or  guardians  of  the  pupils  so 
transferred  shall  have  the  right  to  vote  in  the  district  to  which  such  pupils 
are  transferred  on  all  school  matters  except  that  of  issuing  bonds.  [In 
force  as  amended,  April  7,  1907.] 

Sec.  4b. — Transportation  of  pupils. — That  a  board  of  education  of  a 
city,  or  a  board  of  trustees  of  a  high  school  district,  by  a  two-thirds  vote 
of  the  entire  board,  or  a  district  board  of  any  school  district  in  this  state 
when  authorized  by  a  two-thirds  vote  of  those  present  at  any  annual  or 
special  meeting,  is  hereby  empowered  to  make  provision  for  the  trans- 
portation of  pupils  residing  within  said  district  to  any  other  school  (within 
said  district)  to  which  said  pupils  may  lawfully  attend,  whenever  the  dis- 
tance from  such  school  shall  render  it  impracticable  for  said  pupils  to 
attend  without  transportation. 

Sec  4c. — Instruction  in  neighboring  district. — That  a  board  of  trustees 
of  a  high  school  district,  or  a  district  board  of  a  school  district  in  this 
state,  when  authorized  by  a  two-thirds  vote  of  those  present  at  any  an- 
nual or  special  meeting,  is  hereby  empowered  to  contract  with  the  dis- 
trict board  of  any  neighboring  district  for  the  instruction  of  (all)  pupils 
residing  in  the  first  named  district  in  schools  maintained  by  the  neigh- 
boring district,  and  to  make  provision  for  the  transportation  of  said  pupils 
to*  the  above  named  school  of  the  neighboring  district  under  the  conditions 
named  in  the  preceding  section;  Provided,  That  school  districts  thus  pro- 


Subdiv.   5.  DISTRICT  BOARD-  POWERS  AND  DUTIES  37 

viding  instruction  for  their  children  in  neighboring  districts  shall  be  con- 
sidered as  maintaining  a  school  as  required  by  law;  Provided,  further, 
That  the  teacher  of  the  last  named  school  shall  keep  a  separate  record  of 
attendance  of  all  pupils  from  the  first  named  district  and  make  a  separate 
report  to  the  director  of  said  district. 

Sec.  5. — Suspension  of  pupils. — They  may  authorize  or  order  the  sus- 
pension or  expulsion  from  the  school,  whenever  in  their  judgment  the  in- 
terests of  the  school  demand  it,  of  any  pupil  guilty  of  gross  misde- 
meanors or  persistent  disobedience,  but  such  suspension  shall  not  extend 
beyond  the  close  of  the  term. 

Sec.  6. — Site,  purchase,  lease,  and  sale. — They  shall  purchase  or  lease 
such  site  for  a  school  house  as  shall  have  been  designated  by  the  district, 
in  the  corporate  name  thereof,  and  shall  build,  hire,  or  purchase  such 
schoolhouse  out  of  the  fund  provided  for  that  purpose,  and  shall  make 
sale  and  conveyance  of  any  site  or  other  property  of  the  district,  when  law- 
fully directed  by  the  qualified  voters  at  any  annual  or  special  meeting; 
Provided,  That  the  qualified  voters  of  the  district  may  appoint  a  building 
committee  to  let  contracts  for  and  take  charge  of  the  work  of  building 
such  schoolhouse. 

Sec.  6a. — Outhouses. — It  shall  be  the  duty  of  school  district  boards  to 
provide  on  every  schoolhouse  site,  and  keep  in  good  repair  and  in  clean 
and  healthful  condition,  at  least  two  separate  water  closets  or  privies,  lo- 
cated on  those  portions  of  the  site  the  farth  est  from  the  main  entrance 
to  the  schoolhouse,  and  as  far  from  each  other  as  the  surrounding  con- 
dition will  permit;  Provided,  That  where  ade  quate  and  seperate  interior 
closets  are  provided  and  maintained  in  good  repair  and  healthful  condi- 
tion, the  foregoing  condition  of  this  act  need  not  apply. 

rfec.7. — Title  to  site. — The  district  shall  not  in  any  case  build  a  stone 
or  brick  schoolhouse  upon  any  site,  without  having  first  obtained  a  title 
in  fee  to  the  same;  and,  also,  that  they  shall  not  in  any  case  build  a  frame 
schoolhouse  on  any  site  for  which  they  have  not  a  title  in  fee,  without  the 
privilege  to  move  the  same  when  lawfully  directed  to  do  so  by  the  qualified 
voters  of  the  district  at  any  annual  or  special  meeting. 

Sec.  8. — Payment  of  School  moneys. — The  district  board  shall  apply 
and  pay  over  all  school  moneys  belonging  to  the  district  in  accordance 
with  the  provisions  of  law  regulating  the  same,  as  may  be  directed  by  the 
district,  but  no  school  money  apportioned  to  any  school  district  shall  be 
appropriated  to  any  other  use  than  the  payment  of  teachers'  wages;  and 
no  part  thereof  shall  be  paid  to  any  teacher  who  shall  not  have  received 


SEC.  5.  This  section  gives  school  boards  authority  to  suspend  pupils.  There 
is  no  law  for  referring  such  questions  to  a  special  district  meeting,  and  It  will 
save  acrimony  if  the  board,  after  consultng  with  the  teacher  or  teachers,  will 
settle  all  such  matters  .with  the  least  possible  public  disturbance. 

The  right  to  suspend  or  expel  vests  in  the  board,  but  may  be  exercised  by 
the  teacher  in  emergencies,  with  immediate  reference  to  the  board  for  final 
action. 

SEC.   6.     Building  committee.     45  Neb.,   239. 


38  SCHOOL  LAWS  OF  NEBRASKA  Svbcliv.  5 

a  certificate  as  required  in  this  chapter,  before  the  commencement  of  his 
or  her  school. 

Sec.  9. — Care  and  custody  of  school  property. — The  said  board  shall 
"have  the  care  and  custody  of  the  schoolhouse  and  other  property  of'  the 
district,  except  so  far  as  the  same  shall  be  confined  to  the  custody  of  the 
director. 

Sec. 10. — Vacancy  in  district  office. — Every  school  district  office  shall 
become  vacant  by  the  death,  resignation,  or  removal  from  office,  or 
removal  from  the  district  of  the  incumbent,  or  by  his  absence  from  the 
district  for  a  continuous  period  of  sixty  days  at  one  time. 

Sec.  11. — Appointment  to  fill  vacancy. — The  said  board  shall  have 
power  to  fill  by  appointment  any  vacancy  that  may  occur  in  their  number, 
and  it  shall  be  their  duty  to  fill  such  vacancy  after  its  occurrence;  Pro- 
vided, That  in  case  said  board  shall,  from  any  cause,  fail  to  fill  such  va- 
cancy, the  same  may  be  filled  by  election  at  a  special  school  district  meet- 
ing called  for  that  purpose,  by  the  qualified  voters  present,  which  meeting 
shall  be  called  in  the  same  manner  and  be  subject  to  the  same  regulations 
as  other  special  district  meetings. 

Sec.  12. — Appointment  by  county  superintendent. — When,  by  a  di- 
vision of  a  district,  but  one  officer  is  left  in  the  old  district,  the  county 
superintendent  shall  appoint,  to  fill  the  vacant  offices,  suitable  persons., 
who  shall  hold  their  offices  until  the  next  annual  meeting,  and  until  their 
successors  are  elected  and  qualified.  , 

Sec.  13. — Officer  cannot  contract  with  district. — No  school  officer  shall 
be  a  party  to  any  school  contract  for  building  or  furnishing  supplies,  ex- 
cept in  his  official  capacity  as  a  member  of  the  board. 

SEC.  9.  This  section  has  given  rise  to  much  controversy,  and  many  dis- 
puted points  still  remain  unsettled.  The  following  opinions  seern  to  be  well 
founded: 

1.  The  schoolhouse  was  erected  for  school   purposes,    and   cannot   legally  be 
used  for  any  other  purpose  that  will  interfere  with  its  use  for  this. 

2.  A  room  in  a  schoolhouse  not  needed   for  school   purposes  may  be  leased 
for  any  purpose  not  injurious  to  the  school,    or   a   detriment   to   the   usefulness 
of  the  other  parts  of  the  building  for  school    purposes;     but    the    contract    for 
such  lease  cannot  extend  beyond  the  close  of  the  school  year. 

The  right  to  determine  whether  a  schoolhouse  shall  be  used  for  other  than 
school  purposes  belongs  to  the  voters  of  the  district  when  assembled  in  a  lawful 
manner;  but  when  the  district  has  not  acted  on  the  subject  the  board  has  con- 
trol until  some  action  is  taken  by  the  district.  But  neither  board  nor  district 
has  any  right  to  allow  the  schoolhouses  to  be  used  in  such  a  way  as  to  inter- 
fere with  the  school. 

4.  If  the  voters  of  the  district  wish  to  use  the  schoolhouse  for  meetings  of 
various  kinds,  there  seems  to  be  no  good  reason  why  they  may  not  so  use  it  so 
long  as  they  do  not  interfere  with  the  school  work.  The  decisions  of  the  su- 
preme courts  of  Indiana,  Illinois,  Iowa,  and  many  other  states  confirm  this 
view.  Kansas,  New  Jersey,  and  West  Virginia  confer  upon  the  ti'ustees,  by 
statute,  the  right  to  vise  the  house  for  such  purposes.  In  the  absence  of  any 
decision  by  our  own  courts,  the  above  rulings  will  govern  this  department. 

SEC.  10.  When  a  school  officer  resigns,  and  his  resignation  is  accepted,  he 
cannot  withdraw  it  and  again  resume  the  office.  The  only  way  to  remove  a 
school  district  officer  is  by  a  proper  action  before  a  court  of  competent  juris- 
diction. 


Subdiv.  6.  HIGH  SCHOOL.  DISTRICTS  39 


SUBDIVISION   VI.— HIGH  SCHOOL   DISTRICTS— FREE   HIGH  SCHOOL 
—COUNTY    HIGH   SCHOOL. 

Section  1. — Organization  of  district. — Any  district  containing  more 
than  one  hundred  and  fifty  children,  between  the  ages  of  five  and  twenty- 
one  years,  may  elect  a  district  board  consisting  of  six  trustees;  Provided, 
The  district  shall  so  determine  at  an  annual  meeting  by  a  vote  of  a  ma- 
jority of  the  voters  -attending  such  meeting.  When  such  change  in  the  dis- 
trict'board  shall  have  been  voted,  the  voters  at  such  annual  meeting  shall 
proceed  immediately  to  elect  two  trustees  for  the  term  of  one  year,  two  for 
the  term  of  two  years,  and  two  for  the  term  of  three  years,  and  annually 
thereafter  two  trustees  shall  be  elected,  whose  terms  of  office  shall  be 
three  years,  and  until  their  successors  shall  have  been  elected  and  quali- 
fied. 

Sec.  2. — Board,  organization  of. — Within  ten  days  after  their  election, 
such  trustees  shall  file  with  the  directors  a  written  acceptance  of  the  of- 
fice to  which  they  h-ave  been  elected,  and  shall  annually  elect  from  their 
own  number  a  moderator,  a  director,  and  a  treasurer,  and  for  cause  may 
remove  the  same,  and  may  appoint  others  of  their  own  members  in  their 
places,  who  shall  perform  the  duties  prescribed  by  law  for  such  officers  in 
the  primary  school  districts  in  this  state,  except  as  hereinafter  provided. 
The  trustees  shall  have  power  to  fill  any  vacancy  that,  may  occur  in  their 
number  till  the  next  annual  meeting.  Whenever  in  any  case  the  trustees 
shall  fail,  through  disagreement  or  neglect,  to  elect  the  officers  named  in 
this  section  within  twenty  days  next  after  their  annual  meeting,  the  county 
superintendent  of  the  county  in  which  such  district  makes  its  annual  re- 
port shall  appoint  the  said  officers  from  the  members  of  said  trustees. 

Sec.  3.— Classification  of  scholars. — Said  trustees  shall  have  power  to 
clasify  and  grade  the  scholars  in  such  district,  and  cause  them  to  be  taught 
in  such  schools  and  departments  as  they  may  deem  expedient;  to  establish 
in  such  district  a  high  school  when  ordered  by  a  vote  of  the  district  at  any 
annual  meeting,  and  to  determine  the  qualifications  for  admission  to  such 
schools;  to  employ  all  teachers  necesary  for  the  several  schools  of  said 
district;  to  prescribe  courses  of  study  and  text-books  for  the  use  of  said 
schools;  and  to  make  such  rules  and  regulations  as  they  may  think  need- 
ful for  the  government  of  the  schools  and  for  the  preservation  of  the  prop- 
erty of  the  district,  and  also  to  determine  the  rates  of  tuition  to  be  paid 

SEC.  1.  In  the  formation  of  a  high  school  district,  it  is  necessary  to  reor- 
ganize and  elect  an  entire  new  set  of  trustees. 

The  change  from  a  primary  to  a  high  school  district  can  be  made  only  by 
a  vote  at  the  annual  district  meeting. 

The  official  terms  of  the  old  board  expire  on  the  second  Monday  of  July  fol- 
lowing the  election  of  the  new  board  of  trustees.  17  Neb.,  556. 

SEC.  3.  Power  given  to  enforce  reasonable  rules.  Report  cards.  35  Neb.,  1. 
Selection-  of  studies  by  the  parent.  31  Neb.,  552. 


40  SCHOOL  LAWS  OF  NEBRASKA  Subdiv  6. 

for  non-resident  pupils  attending  any  school  in  said  district  except  non- 
resident pupils  attending  the  high  school  without  charge. 

Sec.  4.  —  Statement  of  receipts  and  expenditures  —  Estimate  —  Taxes.  — 
The  said  trustees  shall  present  at  each  annual  meeting  a  statement  in 
writing  of  all  receipts  and  expenditures  on  behalf  of  the  district  for  the 
preceding  year,  and  of  -all  funds  then  on  hand,  and  an  estimate  of  the 
amounts  necesary  to  be  raised  by  the.  district,  in  addition  to  the  money 
to  be  received  from  the  primary  school  fund  and  other  sources,  for  the  sup- 
port of  the  schools  of  said  district  for  the  ensuing  year,  and  for  incidental 
expenses  thereof;  and  the  said  district  may,  at  the  annual  meeting,  vote 
such  sums,  to  be  raised  by  tax  upon  the  taxable  property  of  said  district, 
as  may  be  required  to  maintain  the  several  schools  thereof  for  the  year. 


HIGH  SCHOOL. 
(Approved  March  6,  1907.) 

Sec.  5.  —  High  school  grade  defined  —  Course  of  study  —  Rules  of  admis- 
sion. —  Provision  is  hereby  made  for  four  years  of  free  public  high  school 
education  for  all  the  youth  of  this  state  whose  parents  or  guardians  live 
in  public  school  districts  which  maintain  less  than  a  four-year  high  school 
course  of  study,  on  the  following  conditions,  to-wit: 

First  —  For  the  purposes  of  this  act  all  grades  above  the  eighth  grade 
in  any  public  school  district  of  this  state  shall  be  deemed  high  school 
grades.  The  course  of  study  for  the  first  eight  grades  shall  be  the  course 
of  study  prescribed  by  the  state  superintendent  of  public  instruction  or 
a  course  of  study  approved  by  him,  and  the  course  of  study  for  the  high 
school  grades  shall  be  the  Nebraska  High  School  Manual  issued  jointly  by 
the  University  of  Nebraska  and  the  state  superintendent  of  public  in- 
struction or  a  course  of  study  approved  by  the  state  superintendent  of 
public  instruction. 

Second  —  Every  pupil  to  be  entitled  under  the  provisions  of  this  act  to 
free  public  high  school  education  in  the  ninth  grade  of  any  public  school 
district  maintaining  such  grade  must  have  a  certificate  signed  by  the 
county  superintendent  of  the  proper  county  that  he  has  completed  the 
course  of  study  prescribed  by  the  state  superintendent  for  work  below  the 
ninth  grade  as  set  forth  in  the  first  condition  of  this  section  and  that  he 
is  unable  to  secure  ninth  grade  work  in  the  public  school  district  of  his 
residence. 

Third  —  Every  pupil  to  be  entitled  under  the  provisions  of  this  act  to 
free  public  high  school  education  in  the  tenth  grade  of  any  public  school 
district  maintaining  such  grade  must  have  a  certificate  signed  by  the 
county  superintendent  of  the  proper  county  that  he  has  completed  the 
course  of  study  for  the  ninth  grade  as  set  forth  in  the  first  condition  of 
this  section  -and  that  he  is  unable  to  secure  tenth  grade  work  in  the  public 
school  disrict  of  his  residence. 

Fourth  —  Every  pupil  to  be  entitled  under  the  provisions  of  this  act  to 
free  public  high  school  education  in  the  eleventh  grade  of  any  public  school 


Subdiv.   6.  FREE  HIGH  SCHOOL  41 

district  maintaining  such  grade  must  have  a  certificate  signed  by  the 
Bounty  superintendent  of  the  proper  county  that  he  has  completed  the 
course  of  study  for  the  tenth  grade  as  set  forth  in  the  first  condition  of 
this  section  and  that  he  is  unable  to  secure  eleventh  grade  work  in  the 
public  school  district  of  his  residence. 

Fifth — Every  pupil  to  be  entitled  under  the  provisions  of  this  act  to 
free  public  high  school  education  in  the  twelfth  grade  of  any  public  school 
district  maintaining  such  grade  must  have  a  certificate  signed  by  the 
county  superintendent  of  the  proper  county  that  he  has  completed  the 
course  of  study  for  the  eleventh  grade  as  set  forth  in  the  first  condition  of 
this  section  and  that  he  is  unable  to  secure  twelfth  grade  work  in  the  pub- 
lic school  district  of  his  residence. 

Sixth — Every  non-resident  pupil  attending  any  public  school  under  the 
provisions  of  this  act  shall  have  the  same  rights  and  shall  be  subject  to 
the  s-ame  rules  and  restrictions  which  govern  resident  pupils  attending 
such  public  school.  Any  public  school  district  unable  to  furnish  accomo- 
dations  to  non-resident  pupils  without  constructing  or  renting  additional 
buildings,  hiring  extra  teachers,  or  for  other  reasonable  cause,  may  refuse 
admission  to  any  or  all  such  non-resident  pupils. 

Sec.  6. — Rate  of  tuition. — Every  public  school  district  granting  free 
public  high  school  education  to  non-resident  pupils  under  the  provisions  of 
this  act  shall  receive  the  sum  of  seventy-five  cents  for  each  week's  at- 
tendance by  each  non-resident  pupil  from  the  public  school  district  in 
which  the  parent  or  guardian  of  such  non-resident  pupil  maintains  his 
legal  residence.  Such  public  school  district  is  hereby  made  li-able  for  the 
payment  of  such  tuition. 

Sec.  7. — Application  of  parent  or  guardian — Estimate  of  county  su- 
perintendent—Levy.— The  parent  or  guardian  of  any  pupil  desiring  to  take 
advantage  of  the  provisions  of  this  act  for  free  high  school  education  shall 
make  application,  in  writing,  to  the  county  superintendent  of  the  proper 
county  on  or  before  the  second  Monday  in  June  of  each  year.  Such  appli- 
cation must  show  the  number  of  the  public  school  district  in  which  such 
parent  or  guardian  maintains  his  legal  residence,  the  number  of  pupils  for 
whom  free  high  school  education  is  desired,  and  the  high  school  grade 
which  each  pupil  is  to  enter.  It  shall  be  the  duty  of  the  county  super- 
intendent to  make  and  deliver  to  the  director  or  the  secretary  of  the 
board  of  education  of  such  public  school  district  on  or  before  the  annual 
meeting  of  each  year  an  itemized  estimate  of  the  amount  necessary  to  pay 
the  tuition  of  all  pupils  in  that  district  entitled  to  and  for  whom  proper 
application  has  been  made  for  free  high  school  education  as  in  this  -act  pro- 
vided. Said  estimate  shall  show  definitely  the  number  of  pupils  for  whom 
proper  application  has  been  made  for  free  high  school  education  and  the 
grade  each  pupil  is  to  enter.  The  director  or  secretary  of  the  board  of  ed- 
ucation of  such  public  school  distict  shall  include  said  estimate  for  free 
high  school  education  in  his  itemized  estimate  which  he  is  required  to  pre- 
sent at  each  annual  school  district  meeting  as  provided  in  section  11  of 


42  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   & 

subdivision  2  and  section  14  of  subdivision  4  of  chapter  79,  Compiled 
Statutes  of  Nebraska  for  1905  (Wheeler).  The  legal  voters  at  the  an- 
nual school  district  meeting  each  year  shall  determine  the  amount  of 
money  required  for  free  high  school  education  during  the  coming  school 
year  as  in  this  act  provided,  which  shall  be  an  amount  sufficient  to 
provide  free  high  school  education  in  accordance  with  the  estimate  fur- 
nished the  annual  school  district  meeting  by  the  director  or  secretary  of 
the  board  of  education  as  herein  required,  and  the  amount  of  money  so 
required  shall  be  levied  as  a  tax  upon  all  the  tax-able  property  of  the 
school  district.  Immediately  after  the  annual  school  district  meeting  and 
not  later-  than  the  first  Monday  in  July  the  district  board  or  the  board  of 
education  of  such  public  school  district  shall  make  and  deliver  to  the 
county  superintendent  and  to  the  county  clerk  of  each  county  in  which  any 
part  of  such  public  schoDl  district  is  situated  reports  in  writing,  of 
all  the  taxes,  including  the  tax  necesary  for  free  high  school  education  as 
in  this  act  provided,  voted  by  the  public  school  district  for  the  coming 
school  year,  to  be  levied  on  all  the  taxable  property  of  the  district  and  to  be 
collected  by  the  county  treasurer  as  provided  in  section  21  of  subdivision 
5  of  chapter  79,  Compiled  Statutes  of  Nebraska  for  1905  (Wheeler).  'Said 
tax  for  free  high  school  education,  when  collected,  shall  constitute  a  fund 
to  be  known  as  the  "Free  High  School  Fund"  and  shall  be  placed  to  the 
credit  of  each  public  school  district  in  which  such  tax  is  levied.  Money 
belonging  to  the  Free  High  School  Fund  of  any  public  school  district 
shall  be  paid  out  by  the  county  -treasurer  to  the  treasurer  of  the  public 
school  district  earning  such  tuition  at  the  end  of  each  school  term  upon  an 
order  signed  by  the  director  and  countersigned  by  the  moderator  of  the  pub- 
lic school  district  liable  for  such  tuition,  drawn  against  said  fund.  Money 
remaining  in  said  Free  High  School  Fund  of  any  district  at  the  end  of  each 
school  year  after  the  purpose  for  which  it  was  raised  has  been  accom- 
plished and  after  all  debts  for  which  said  fund  is  liable  have  been  dis- 
charged shall  be  transferred  by  the  county  treasurer  to  the  general  fund 
of  Such  district. 

Sec.  8. — District  board  deliver  estimate  of  levy  to  county  clerk. — If  the 
annual  school  meeting  in  any  public  school  district  wherein  there  are  pu- 
pils entitled  to  and  desiring  free  high  school  education  as  in  this  act  pro- 
vided neglect  or  refuse  to  vote  the  necessary  tax  therefor,  the  school 
district  board  or  the  board  of  education  of  such  public  school  district  shall 
make  and  deliver  to  the  county  superintendent  and  to  the  county  clerk  of 
each  county  in  which  any  part  of  the  school  district  is  situated,  not  later 
than  the  first  Monday  in  July,  an  itemized  estimate  of  the  amount  neces- 
sery  to  be  expended  during  the  ensuing  school  year  for  free  high  school 
education  by  such  public  school  district.  It  shall  be  the  duty  of  the  county 
.clerk  to  levy  such  tax  on  all  the  taxable  property  of  such  public  school  dis- 
trict the  same  as  though  said  tax  had  been  voted  by  the  annual  school 
district  meeting,  to  be  collected  and  disbursed  by  the  county  treasurer  as 
provided  in  section  3  (Section  7  of  this  subdivision)  of  this  act. 


Subdiv.   6.  COUNTY  HIGH  SCHOOL  4S 

Sec.  8b. — Same,  county  superintendent. — If  the  district  board  or  board 
of  education  of  any  public  school  district  wherein  there  are  pupils  entitled 
to  and  desiring  free  high  school  education  as  in  this  act  provided  neglect 
or  refuse  to  make  and  deliver  the  required  estimate  as  set  forth  in  section 
4  of  this  act,  the  county  superintendent  of  the  proper  county  shall  make 
and  deliver  to  the  county  clerk  of  each  county  in  which  any  part  of  such 
public  school  district  is  situated,  not  later  than  the  first  Monday  in  Au- 
gust following  the  annual  school  district  meeting,  an  itemized  estimate  of 
the  amount  necessary  to  be  expended  by  such  public  school  district  dur- 
ing the  ensuing  year  for  free  high  school  education.  It  shall  be  the  duty 
of  the  county  clerk  to  levy  such  tax  on  all  the  taxable  property  of  such 
school  district  the  same  as  though  such  tax  had  been  voted  by  the  annual 
school  district  meeting,  to  be  collected  by  the  county  treasurer  at  the  same 
time  and  in  the  same  manner  as  the  state  and  county  taxes  are  collected, 
and  when  collected  to  be  paid  out  as  provided  in  section  3  (section  7  of  this 
subdivision)  of  this  act. 

Sec.  8c. — No  levy. — In  a  public  school  district  in  which  in  any  year 
there  are  no  pupils  entitled  to  and  desiring  free  high  school  education  as 
in  this  act  provided  no  tax  shall  be  levied  for  such  purpose  in  that  year, 

[Sections  9  to  19,  inclusive    (rural  high  schools)    omitted.] 

COUNTY  HIGH  SCHOOL. 

(Approved  April  5,  1907) 
Section  20. — Establish    county     high    school. — Course    of  study. — Any 

counry  in  this  state  may  esmblisii  a  county  high  school  on  the  conditions 
and  in  the  manner  hereinafter  prescribed  for  the  purpose  of  affording 
better  educational  facilities  for  pupils  who  have  advanced  beyond  the 
eighth  grade.  For  the  purpose  of  this  act  all  grades  above  the  eighth 
grade  in  any  public  school  district  in  this  state  shall  be  deemed  high  school 
grades.  The  course  of  study  for  high  school  grades  shall  be  the  Nebraska 
High  School  Manual  issued  jointly  by  the  University  of  Nebraska  and  the 
State  Superintendent  of  Public  Instruction,  or  a  course  of  study  approved 
by  the  State  Superintendent  of  Public  Instruction  and  in  addition  thereto 
there  shall  be  taught  and  practiced  in  the  ninth  and  tenth  grades,  mgnual 
training,  domestic  science  and  the  elements  of  agriculture  and  in  the 
eleventh  and  twelfth  grades  normal  training  and  the  theory  and  practice 
of  agriculture  and  for  the  purpose  of  teaching  and  practice  the  board  is 
hereby  authorized  to  purchase  the  necessary  apparatus  and  materials  for 
those  purposes,  together  with  a  tract  of  land  not  less  than  five  acres,  con- 
veniently situated  to  said  county  high  school  for  actual  practice  by  all  of 
the  students  or  a  part  of  the  students  under  the  direction  of  a  competent 

instructor  for  experimentation  in  all  forms  of  agriculture. 

/ 
Sec.  21. — Petition — Election — Form  of  ballot. — Whenever  one  hundred 

freeholders  residing  in  any  county  in  this  state  shall  petition  the  board  of 
county  commissioners  or  the  board  of  county  supervisors  requesting  that 
a  county  high  school  be  established  in  the  county,  the  said  board  shall  pro- 
ceed to  immediately  call  a  special  election.  Said  board  shall  give  the  same 


44  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.  6 

notice  that  is  required  for  general  elections  and  shall  include  in  the  notice 
that  the  question  submitted  at  said  special  election  to  the  electors  of  said 
county  at  the  designated  time  is;  Whether  a  county  high  school  shall  be 
established  in  the  county?  The  qualified  electors  shall  vote  by  ballot  for 
or  against  the  establishment  of  a  county  high  school.  The  ballot  shall  be 
substantially  in  the  following  form. 

"For  the  establishment  of  a  county  high  school  in 

County,,  Nebraska Yes  ( . '. ) 

"For  the  establishment  of  a  county  high  school  in 
County,  Nebraska  .^ '.'.'.'.'.'  No  ( . .)" 

The  electors  favoring  the  establishment  of  such  high  school  shall 
mark  in  the  square  after  "Yes."  Those  opposed  to  the  establishment  of 
such  high  school  in  the  square  after  "No."  Said  special  election  shall 
be  conducted  in  «all  respects  and  the  returns  and  canvass  made 'as  in  gen- 
eral elections. 

Sec.  22.— County  board  declare  high  school  established.— If  the  elec- 
tion results  in  favor  of  establishing  such  high  school  by  a  majority  of  the 
votes  cast  at  such  special  election  the  county  board  shall,  by  an  order  duly 
entered  upon  their  records  so  declare  the  fact  of  the  establishment  of 
such  county  high  school. 

Sec.  23. — County  board  constitute  Board  of  Trustees. — The  county 
board  shall  by  virtue  of  their  office  constitute  a  Board  of  Trustees  for  said 
county  high  school  and  take  and  have  under  their  direction  and  con- 
trol, the  affairs  of  said  school.  The  county  treasurer  shall  by  virtue  of 
his  office  be  the  treasurer  of  said  board.  The  county  clerk,  by  virtue 
of  his  office,  shall  be  secretary  of  said  board.  The  county  superintendent 
of  public  instruction  shall  by  virtue  of  his  office  be  superintendent  of 
said  school. 

Sec.  24. — Principal — Teachers — Funds — Levy. — The  said  board  shall 
have  power  to  appoint  a  principal,  assistant  teachers  and  other  employes 
as  may  be  required,  to  fix  their  compensation  and  prescribe  their  duties. 
They  shall  have  power  to  remove  all  persons  appointed  by  them,  by  a 
majority  vote.  They  shall  annually  during  the  month  of  June  make  an 
estimate  of  the  amount  of  funds  required  for  the  support  of  the  schools 
during  the  fiscal  year  next  ensuing,  the  amount  of  funds  required  for  the 
purpose  of  school  sites,  the  erection  of  school  buildings,  the  payment  of 
interest  on  bonds  issued  for  school  purposes  and  the  creation  of  a  sinking 
fund  for  the  payment  of  such  indebtedness  and  when  sitting  as  a  board 
of  county  commissioners  or  supervisors  at  the  time  provided  by  law  for 
levying  taxes,  they  are  hereby  authorized  and  required  to  levy  the  neces- 
sary amount  the  same  as  other  taxes  are  levied.  But  in  no  case  shall  the 
aggregate  tax  for  the  county  high  school,  exclusive  of  the  levy  for  pay- 
ing the  principal  and  interest  of  bonds,  exceed  five  mills  upon  each  dol- 
lar of  assesed  valuation  of  the  property  of  the  county. 

Sec.  25. — Record  of  proceedings. — It  shall  be  the  duty  of  the  secretary 


Subdiv.   6.  COUNTY  HIGH   SCHOOL  45 

of  said  board  to  keep  an  exact  and  detailed  account  of  the  doings  of  the 
board  in  a  book  kept  for  that  purpose  and  such  other  matters  as  may  be 
provided  by  law,  and  shall  make  reports  as  provided  by  law. 

Sec.  26. — Funds  kept  separate  by  county  treasurer — Liability. — The 
treasurer  shall  keep  separate  and  apart  the  proceeds  of  the  tax  levied 
for  the  support  and  maintenance  of  said  county  high  school  any  fund 
to  be  known  as  the  high  school  fund  and  shall  only  pay  out  the  same 
upon  warrants  duly  issued  against  said  high  school  fund  when  signed  by 
the  chairman  of  the  board,  countersigned  by  the  secretary  of  the  board 
and  attested  by  the  seal  of  the  county.  The  board  shall  not  allow  any 
claims  or  demands  against  said  fund  unless  the  same  be  duly  verified. 
And  the  preservation  and  disbursement  of  said  high  school  fund  is 
hereby  made  a  part  of  the  duty  of  the  county  treasurers  within  this 
state  and  they  shall  be  liable  upon  their  official  bonds  the  same  as  for 
any  other  moneys  now  held  in  their  hands  by  virtue  of  said  office. 

Sec.  27. — Regulations — Discipline — The  superintendent  shall  be  the 
chief  executive  officer  of  the  school  and  sball  be  responsible  to  the 
board  for  the  control  and  management  of  the  same  and  he  shall  recom- 
mend all  needful  rules  and  regulations  for  the  discipline,  careful  preser- 
vation of  the  school  buildings,  furniture,  apparatus,  grounds,  and  -all 
other  property  belonging  to  the  school  and  said  rules  and  regulations 
when  approved  by  the  board  shall  be  in  full  force  and  effect.  All 
teachers  and  other  subordinates  in  said  school  shall  be  under  the  direc- 
tion of  the  principal,  subject  to  the  general  control  and  regulation  of 
the  board. 

Sec.  28. — Board  of  Trustees — meetings. — The  Board  of  Trustees  shall 
receive  no  compensation  for  their  services  except  for  actual  expenses 
incurred  in  attending  upon  meetings.  Neither  the  treasurer  nor  the  secre- 
tary shall  have  any  vote  upon  matters  pending  before  the  board.  The 
board  shall  hold  two  regular  meetings  in  each  year,  one  in  the  last  week  of 
the  spring  term  in  June  and  the  other  in  the  last  week  of  the  fall  term,  in 
December,  but  special  meetings  may  be  held  at  any  time  at  the  call  of 
the  Chairman  of  the  Board. 

Sec.  29. — Certificates — Diplomas. — Said  board  is  hereby  authorized 
to  issue  certificates  and  diplomas  when  any  student  completes  a  prescribed 
course  of  study  in  a  satisfactory  manner  and  the  same  shall  have  such 
force  and  effect  as  may  be  determined  by  the  State  Superintendent  of 
Public  Instruction  to  entitle  the  holder  to  teach  in  any  of  the  schools 
of  the  county  without  further  examination  for  the  space  of  three  years. 

Sec.  30.— Morals.— The  board  in  their  approved  regulations,  (the) 
principal  in  his  supervision  and  government  of  the  school,  together  with 
the  superintendent,  shall  exercise  a  watchful  guardianship  over  the 
morals  of  the  pupils. 

Sec.  31. — Districts  maintaining  high  school  grades  exempt  from 
county  high  school  tax. — Whenever  the  proper  officers  of  any  rural  high 


46  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.  6. 

school  or  city  or  village  high  school  shall  certify  to  said  board  on  or 
before  the  15th  day  of  June  of  each  year  that  a  course  of  study  beyond 
the  first  eight  grades  has  been  prescribed  for  'said  school  for  the  ensu- 
ing year  then  all  of  the  property  within  said  district  or  districts  shall 
be  ommitted  from  the  levy  of  the  tax  for  the  support  and  maintenance 
of  the  county  high  school  for  the  ensuing  year. 

Sec.  32. — Tuition  free  to  residents  of  county. — Tuition  shall  be  free 
to  all  pupils  residing  in  the  county  where  the  school  is  located  but  if  at 
any  time  the  school  can  accommodate  more  pupils  than  apply  for  admis- 
sion from  the  county  in  which  the  school  is  situated  the  board  may  ad- 
mit pupils  from  without  the  county  upon  the  payment  of  such  tuition  as 
the  board  may  prescribe.  Such  pupils,  so  admitted,  shall  be  subject  to 
the  same  rules  as  to  discipline  as  are  resident  pupils. 

Sec.  33. — Bonds. — The  Board  of  County  Commissioners  or  the  Board 
of  Supervisors  may  borrow  money  upon  bonds  which  they  are  hereby 
authorized  and  empowered  to  issue,  for  the  purpose  of  purchasing  a 
site  and  lands  to  be  used  for  experiment  purposes,  erecting  suitable 
buildings  and  furnishing  -and  equipping  the  same  for  such  county  high 
school.  Such  bonds  to  bear  interest  at  a  rate  not  exceeding  six  per 
centum  per  annum,  *  payable  annually  or  semi-annually  at  such  place 
as  may  be  designated  in  sold  bonds;  which  loan  shall  be  paid  and 
reimbursed  in  a  period  not  exceeding  thirty  years  from  the  date  of  the 
bonds.  Said  bonds  may  be  made  optional  on  any  interest  paying  date. 
Provided  that  no  bonds  shall  be  issued  until  a  petition  signed  by  at 
least  twenty-five  qualified  voters  as  defined  in  this  act  of  each  precinct 
or  township  of  the  county  shall  be  presented  to  the  County  Board  ask- 
ing that  the  question  of  issuing  such  bonds  be  submitted  in  such  county, 
which  petition  shall  set  forth  the  amount  to  be  voted,  which  amount 
*hall  not  exceed  ten  per  cent  of  the  assessed  valuation  of  the  taxable 
property  of  such  high  school  district  at  the  last  completed  assessment, 
the  time  the  bonds  are  to  run,  rate  of  interest  and  purpose  of  issue. 
Upon  the  filing  of  such  petition  the  County  Board  shall  call  an  electiom 
in  the  county,  notice  of  which  election  shall  be  given  by  at  least  twenty 
days'  publication  of  the  same  in  at  least  one  newspaper  published  in  the 
•eounty  and  the  posting  of  copies  of  the  same  in  at  least  three  public 
places  in  each  township  or  precinct.  The  notices  shall  set  forth  th« 
proposition  in  full  and  the  time  and  place  for  holding  such  election  in 
«ach  precinct  or  township.  The  vote  shall  be  by  bal-lot-and  if  a  majority 
of  ail  the  ballots  cast  at  such  election  shall  be  in  favor  of  the  propositiom 
the  County  Board  shall  be  empowered  to  issue  and  negotiate  the  bonds. 
The  clerks  and  judges  of  election  shall  be  those  appointed  to  act  at 
the  general  election.  The  returns  of  such  election  to  be  made  to  the 
County  Board*  and  the  County  Board  shall  canvass  and  declare  the  result 
of  such  election.  Said  bonds  to  be  signed  by  the  Chairman  of  the 
County  Board  and  the  County  Clerk  and  be  attested  by  the  seal  of  th« 


Subdiv.   7.  COUNTY  SUPERINTENDENT  47 

county,  and  when  issued  the  same  shall  be  sold  in  open  market  to  the 
highest  bidder  for  not  less  than  their  par  value. 

Sec.  34. — Voters,  qualifications. — Every  person,  male  or  female,  who 
lias  resided  in  the  state  six  months  and  in  the  county  forty  days  and  in 
the  precinct  or  township  ten  days,  and  is  twenty-one  years  old,  and 
who  owns  real  or  personal  property  that  was  assessed  in  the  county  in 
his  or  her  name  at  the  last  annual  assessment,  or  who  has  children  of 
school  age  residing  in  the  voting  precinct  of  his  or  her  residence,  shall 
be  entitled  to  vote  on  the  questions  of  establishing  a  county  high  school, 
voting-  bonds  for  the  same,  and  all  other  questions  relative  to  the  county 
high  school. 

Sec.  35. — Location  of  county  high  school. — Any  city  or  village  of 
the  proper  county  may  be  a  candidate  for  the  location  of  said  school, 
by  the  presentation  of  a  petition  to  the  County  Board,  having  at  least 
one  hundred  signatures  of  qualified  electors  as  defined  in .  this  act,  but 
no  elector  shall  append  his  name  to  more  than  one  petition.  Said  peti- 
tions shall  be  so  presented  within  a  time  to  be  fixed  by  the  County  Board 
that  all  places  desiring  to  become  candidates  for  the  location  of  said 
high  school  shall  be  voted  for  at  the  same  election.  There  shall  be  a 
separate  notice  posted  at  all  polling  places  that  shall  specify  the  place* 
which  are  candidates  in  the  election.  The  question  of  location  of  said 
high  school  shall  be  submitted  -at  the  election  for  the  issuing  of  bonds 
as  set  forth  in  section  33  of  this  act  by  a  separate  ballot.  The  place 
receiving  the  greatest  number  of  votes  shall  be  upon  a  due  return  and 
canvass  held  and  declared  by  the  Board  of  County  Commissioners  the 
place  of  location  of  said  high  school. 


SUBDIVISION    VII.— COUNTY    SUPERINTENDENT. 

Section  1. — Election,  term. — There  shall  be  a  county  superintendent 
In  each  organized  county,  whose  term  of  service  shall  be  two  years,  an* 
who  shall  be  elected  at  the  same  time  and  in  the  same  manner  as  other 
county  officers.  No  person  shall  be  eligible  to  the  office  of  county  super- 
intendent who  does  not  hold  at  least  -a  first  grade  county  certificate  issued 
in  this  state  and  in  force  at  the  time  of  his  election.  It  shall  be  -th« 
duty  of  the  county  clerk  to  notify  the  state  superintendent  of  the  ele«- 
tion  of  the  county  superintendent  at  the.  time  .said  election  is  "ascer- 
tained. The  provisions  of  this  act  so  far  as  the  same  relate  to  the 

SEC.  1.  The  law  does  not  provide  for  a  deputy  county  superintendent,  anil 
action  by  such  person  is  not  legal.  If  the  person  elected  county  superintendent 
«annot  act,  he  should  resign  and  allow  another  to  be  appointed.  The  power* 
and  duties  of  the  county  superintendent  of  public  instruction  are  derived  en- 
^.tirely  ^rom  the  statute.  He  can  exercise  only  such  powers  as  are  especially 
granted  or  incidentally  necessary  to  carry  the  same  into  effect.  Any  proceed- 
ings on  his  part  beyond  the  scope  of  his  authority,  or  where  he  has  no  juris- 
diction, are  absolutely  void.  6  Neb.,  539. 


48  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.  7, 

certificates  of  county  superintendents  shall  not  apply  to  counties  having; 
less  than  1,000  inhabitants. 

Sec.  2. — Salary. — The  county  commissioners,  or  a  majority  of  them, 
present  at  the  first  regular  session  of  each  year,  shall  determine  the- 
compensation  to  be  paid  to  the  county  superintendent,  but  such  compen- 
sation shall  not  be  less  than  twelve  hundred  dollars  per  annum  in  coun- 
ties having  a  school  population  of  four  thousand  or  more;  and  not  less- 
than  one  thousand  dollars  per  annum  in  counties  having  a  school  popula- 
tion of  twenty-five  hundred  and  less  than  four  thousand;  -and  not  less- 
than  eight  hundred  dollars  per  annum 'in  counties  having  a  school  popula- 
tion of  fifteen  hundred  and  less  than  twenty-five  hundred;  and  in  coun- 
ties having  a  school  population  less  than  fifteen  hundred,  a  per  diem  of 
not  less  than  four  dollars  or  more  than  five  dollars  for  each  day  actually 
employed  in  the  duties  of  his  office,  but  the  total  compensation  in  this 
class  shall  not  exceed  eight  hundred  ($800.00)  dollars  per  annum.  The 
number  of  days  necessary  for  the  duties  of  his  office  shall  be  determined 
by  the  county  superintendent,  but  the  number  of  days  so  employed  shall 
not  be  less  tha'n  two  times  the  number  of  districts  in  such  county,  and 
one  day  for  each  precinct  thereof  for  the  examination  o.f  teachers.  The 
superintendent  shall  file  in  the  office  of  the  county  clerk  a  sworn  state- 
ment of  his  account. 

Sec.  3. — Visit  schools. — It  shall  be  the  duty  of  the  county  super- 
intendent to  visit  each  of  the  schools  of  his  county  at  least  once  in  each 
year;  to  examine  carefully  into  the  discipline  and  modes  of  instruc- 
tion, and  into  the  progress  and  proficiency  of  the  pupils,  and  to  make 
a  record  of  the  same,  and  to  counsel  with  the  teachers  and  district  boards 
as  to  the  course  of  study  to  be  pursued,  and  for  the  improvement  of  the 
instruction  and  discipline  of  the  school;  to  note  the  condition  of  the 
schoolhouse  and  appurtenances  thereto,  and  to  suggest  a  place  for  new 
schoolhouses  to  be  erected,  and  for  warming  and  ventilating  the  same, 
and  the  general  improvement  of  the  schoolhouse  and  grounds;  to  promote 
by  public  lectures  and  teachers'  institutes,  and  by  such  other  means  as- 
he  may  devise  for  the  improvement  of  the  schools  in  his  county,  and 
the  elevation  of -the  character  and  qualifications  of  the  teachers  thereof; 
to  consult  with  the  teachers  and  school  boards  to  secure  general  and 
regular  attendance  of  the  children  of  his  county  upon  the  public  schools. 

Sec.  4. — Examination  of  applicants  for  admission  to  State  Normal. — 
The  county  superintendent  shall  at  the  time  of  his  regular  examination 
for  the  licensing  of  teachers  on  the  third  Saturday  of  April  and  on  the 
third  Saturday  of  July  of  each  year  and  on  such  other  day  or  days  in  said 
months  as  he  may  appoint,  conduct  an  examination  of  applicants  for 
admission  to  the  state  normal  school  located  at  Peru,  Nebraska,  or  other 
normal  schools  that  may  be  established. 

SEC.  2.  When  the  compensation  of  the  county  superintendent  has  been  fixed 
by  the  commissioners  as  provided  by  law,  it  remains  unchanged  until  altered 
by  the  same  board  at  the  time  prescribed  by  the  statute. 

In   effect  July  9,   1903. 


Subdiv.   11.  SCHOOL  FUNDS  65 

incorporated  town,  shall  make  duplicate  receipts  for  all  sums  which  shall 
be  paid  into  his  office,  which  receipts  shall  show  the  source  from  which 
such  funds  are  derived,  and  shall  by  distinct  lines  and  columns  show  the 
amount  received  to  the  credit  of  each  separate  fund,  and  whether  the 
same  was  paid  in  cash,  in  warants,  or  otherwise;  one  of  which  duplicates 
the  treasurer  shall  deliver  to  the  person  making  such  payment,  and  the 
duplicate  thereof  he  shall  retain  in  his  office. 

Sec.  16. — Treasurer's  duties — Cash  book — Register. — Every  such 
treasurer  shall  daily,  as  moneys  are  received,  foot  the  several  columns  of 
his  cash  book,  and  of  his  register,  and  carry  the  amounts  forward,  and  at 
the  close  of  the  year,  in  case  the  amount  of  money  received  by  such 
treasurer  is  insufficient  to  pay  the  warrants  registered,  he  shall  close 
the  acount  for  that  year  in  such  register,  and  shall  carry  forward  the  ex- 
cess. 

Sec.  17. — FaUure  to  keep  books — Penalty. — Any  such  treasurer  who 
shall  fail  regularly  to  enter  upon  his  cash  book  the  amounts  so  received 
and  receipted  for,  or,  who  shall  fail  to  keep  his  cash  book  footed  up  from 
day  to  day,  as  required  by  this  act,  for  the  space  of  three  days,  shall  for- 
feit for  each  offense  the  sum  of  one  hundred  dollars,  to  be  recovered  in  a 
civil  action  on  his  official  bond,  by  any  person  holding  a  warrant  drawn 
on  such  treasurer,  one-half  to  the  person  bringing  such  action,  and  one- 
half  to  the  school  fund  of  the  county  in  which  such  action  is  brought. 

Sec.  18. — Inspection  of  books. — The  cash  book,  register,  and  re- 
tained receipts  of  every  such  treasurer,  shall  at  all  times  be  open  to  the  in- 
spection of  any  person  in  whose  name  any  warrants  are  registered  and 
unpaid. 

Sec.  19. — Failure  to  notify — Penalty. — Any  treasurer  who  shall  for 
the  period  of  five  days  after  moneys  in  amount  sufficient  to  pay  any  reg- 
istered warrant  in  its  order  have  been  received,  fail  to  mail  notice  thereof 
to  the  person  registering  such  warrant,  shall  forfeit  to  such  person  ten 
per  cent,  on  the  amount  of  such  warant,  and  ten  per  cent  additional  for 
every  thirty  days  thereafter  during  which  such  failure  shall  continue. 

Sec.  20. — Failure  to  register  or  pay — Penalty. — Any  such  treasurer, 
who  shall  fail  to  register  any  warrant,  in  the  order  of  its  presentation 
therefor,  or  shall  fail  to  pay  the  same  in  the  order  of  its  registration, 
shall  be  liable  on  his  official  bond  to  each  and  every  person,  the  payment 
of  whose  warrant  or  warrants  is  thereby  postponed,  in  the  sum  of  five 
hundred  dollars,  to  be  recovered  in  a  civil  action,  one-half  of  which  shall 
go  to  the  person  bringing  such  action,  and  one-half  to  the  school  fund  of 
the  county  in  which  such  action  is  brought. 

Sec.  21. — Duplicate  for  lost  warrant. — Whenever  it  shall  be  made  to 
appear  to  the  satisfaction  of  any  officer,  authorized  by  law  to  issue  war- 
rants, that  any  warrant  issued  by  him  has  been  lost  and  destroyed,  such 
officer  shall  have  authority  to  issue  a  duplicate  thereof,  numbered  the 
same  as  the  original,  with  the  word  "duplicate"  written  or  printed  in  red 
ink  across  the  face  thereof;  Provided,  That  no  such  duplicate  warrant. 


66  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   11 

shall  be  i&sued  until  the  party  applying  for  the  same  shall  make  affidavit 
that  he  was  the  owner  of  the  original  warrant,  and  shall  also  file  with 
such  officer  an  indemnity  bond  with  good  and  sufficient  security  con- 
ditioned to  refund  any  money  by  him  or  his  assigns  received  on  such 
duplicate  in  case  of  presentation  and  payment  of  the  original .  by  the 
treasurer  upon  whom  the  same  is  drawn,  whether  upon  a  genuine  en- 
dorsement thereon  or  otherwise. 

Sec.  22. — Investment  of  sinking  fund. — When  any  warrant  issued  by 
the  proper  authorities  of  any  county,  township,  city,  town,  or  school  dis- 
trict shall  have  been  presented  for  payment  and  the  same  is  not  paid  for 
want  of  funds,  it  shall  be  lawful  for,  and  is  hereby  made  the  duty  of  such 
treasurer  upon  and  under  the  direction  of  the  board  of  county  commis- 
sioners, or  supervisors  of  such  county,  to  purchase  and  take  up  such  reg- 
istered warrants  with  sinking  funds  in  his  hands  and  to  hold  such  war- 
rants for  the  benefit  of  the  fund  so  invested,  till  the  same  is  paid  in  its 
order  as  provided  by  law. 

Sec.  23. — Same. — The  board  of  county  commissioners,  or  supervisors 
of  any  county  in  this  state,  .is  hereby  authorized  to  provide  for  the  pur- 
chase and  taking  up  of  registered  warrants,  as  provided  for  in  section 
1  of  this  act,  out  of  the  sinking  funds  in  the  hands  of  the  county  treasurer, 
whenever  in  the  judgment  of  such  county  board  the  same  shall  be  safe 
and  expedient.  Before  so  investing  any  sinking  funds  the  county  board 
shall  fix  and  prescribe,  and  enter  of  record  general  directions  and  author- 
ity to  such  county  treasurer,  as  to  the  funds  to  be  so  invested,  specifying 
the  funds  to  be  so  invested,  the  kind  and  amount  of  warrants  to  be  so 
invested  in,  and  in  so  doing  shall,  as  far  as  the  same  may  be  practicable, 
continue  to  invest  the  sinking  fund  which  shall  last  become  due  and 
payable;  Provided,  That  not  more  than  fifty  per  cent  of  the  money  so 
collected  on  any  given  sinking  fund  shall  be  so  invested  in  warrants 
at  any  given  time,  and  provided  further,  that  when  practicable  the 
warrants  drawn  by  any  given  authority  shall  be  provided  for  as  above 
from  the  sinking  funds  belonging  to  the  organization  issuing  such  war- 
rant, and  of  such  provisions  such  county  board  shall  give  the  treasurer 
notice. 

Sec.  24. — Same — Cities. — The  city  council  of  any  incorporated  city 
of  this  state  may  make  similar  provision  for  the  taking  up  of  warrants 
out  of  the  sinking  funds  in  the  hands  of  the  city  treasurer  of  such  city, 
provided,  that  the  warrants  to  be  so  purchased  shall  be  limited  to  those 
of  its  own  issue,  or  to  those  of  any  school  district  situated  mainly  or 
wholly  within  the  boundaries  of  such  city,  and  upon  notice  given  of 
such  direction,  it  shall  be  the  duty  of  such  treasurer  to  so  take  up 
such  warrants. 

Sec.  25.— Same — School  districts —The  school  board  of  any  school 
district  in  this  state  is  hereby  authorized  to  direct  the  legal  custodian 
of  any  of  its  sinking  funds,  to  invest  such  sinking  funds  in  the  war- 
rants of  such  school  district,  in  like  manner  as  hereinbefore  provided 


Subdiv.   12.  SCHOOLHOUSE  SITES  67 

for,  provided,  that  the  investment  of  such  school  district  sinking  fund 
under  this  section  shall  be  limited  to  the  warrants  of  its  own  issue,  and 
upon  such  direction  of  the  school  board,  the  custodian  of  such  sinking 
funds  shall  proceed  to  take  up  the  warrants  of  such  school  district  as 
herein  provided  for. 


SUBDIVISION     XII.— SCHOOLHOUSE    SITES. 

Section  1. — Condemnation. — If  the  owner  of  any  real  estate  on  which 
a  school  board  may  desire  to  locate  a  school  hotisa,  or  which  the  school 
board  needs  for  an  extension  of  school  grounds,  refuses  or  neglects  to 
grant  the  site  on  his  or  her  premises,  or  if  such  owner  cannot  be  found, 
the  county  superintendent  shall  appoint  Ihree  disinterested  persons, 
none  of  whom  shall  be  residents  of  the  district,  whose  duty  it  shall 
be,  after  taking  an  oath  to  faithfully  discharge  the  duties  imposed  on 
them  by  this  subdivision,  to  inspect  such  real  estate  and  assess  the 
damages  which  such  owner  shall  sustain  by  the  appropriation  of  his  land 
for  the  use  of  said  house  and  school,  and  make  a  report  to  said  county  , 
superintendent,  giving  amount  of  land  and  damages,  with  exact  loca- 
tion of  land,  and  who  shall  file  and  preserve  the  same  in  his  office.  Each 
person  acting  as  such  appraiser  shall  receive  the  sum  of  two  dollars  per 
day  for  his  services.  Provided,  however,  that  whenever  it  shall  become 
necessary  to  appropriate  private  property  for  general  school  purposes 
in  school  districts  in  cities,  and  such  appropriation  shall  be  declared 
necessary  by  resolution  of  the  board  of  education  of  a  school  district 
organized  within  the  limits  of  a  city  which  said  resolution  shall  be  con- 
clusive of  the  necessity  for  such  appropriation,  the  county  judge  of  the 
county  in  which  said  real  estate  may  be  situated,  shall,  upon  the  applica- 
tion of  said  board  of  education  of  such  school  district  located  in  a  city, 
appoint  three  disinterested  free  holders  of  the  school  district  in  which 
such  real  estate  is  situated,  who,  after  being  duly  sworn  to  perform 
the  duties  of  their  appointment  with  fidelity  and  impartiality  and  after 
reasonable  notice  to  the  owners  and  parties  interested  in  said  property, 
the  time  and  manner  of  said  notice  to  be  determined  by  the  order  of 
said  county  judge,  shall  assess  the  damages  to. the  owners  of  the  prop- 
erty and  parties  interested  therein  respectively  taken  by  such  appropria- 
tion. Such  assessment  shall  be  reported  in  writing  to  the  county  judge 
of  said  county  and  if  the  same  shall  be  confirmed  by  said  board  of 
education,  the  damages  so  assessed  shall  be  paid  to  the  owners  of  such 
property  or  deposited  with  the  county  judge  of  said  county,  subject  to 
the  order  of  such  owner  or  owners,  respectively,  after  which  such 
property  may  at  any  time  be  taken  for  the  use  of  the  school  district 
and  said  school  district  shall  be  entitled  to  the  process  of  the  court  to 
place  it  into  immediate  possession  of  said  property.  If  the  assessment 
be  not  confirmed  by  the  board  of  education,  proceedings  may  be  taken 
anew  to  assess  the  damages  upon  application  of  the  board  of  education 


68  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   12. 

for  the  appointment  of  other  .and  different  appraisers,  whereupon  said 
county  judge  shall  make  an  order  of  appointment  of  different  appraisers 
and  proceedings  shall  be  had  in  like  manner  as  herein  provided  for. 

Sec.  2. — Costs. — The  school  board  shall  pay  the  cost  of  this  ap- 
praisement, and  after  paying  to  the  owner  of  the  land  the  amount  of 
damages  assessed  may  enter  upon  and  occupy  the  land  as  long  as  the 
district  desires  to  use  it  for  district  purposes;  but  should  the  same  cease 
to  be  used  for  school  purposes  it  will  revert  back  to  the  owner  of  the  fee 
simple  of  the  land  from  which  it  was  taken  on  the  payment  by  him  of 
the  amount  originally  paid  for  the  land  without  interest.  Provided, 
however,  that  property  taken  under  the  provisions  of  this  act  by  school 
districts  in  cities  shall  vest  a  fee  simple  title  in  such  school  district. 

Sec.  3. — Restrictions, — When  the  land  is  thus  taken  without  the 
consent  of  the  owner,  it  shall  not  be  more  in  amount  than  one  acre, 
and,  all  orchards,  gardens,  public  parks,  shall  not  be  liable  to  be  thus 
taken,  nor  shall  land  be  taken  within  twenty  rods  of  any  residence. 
Provided,  however,  that  the  provisions  of  this  section  shall  not  apply 
to  school  districts  in  cities. 

Sec.  4. — Appeal. — The  owner  of  land  thus  taken  may  appeal  to  the 
district  court,  and  such  appeal  shall  be  taken  within  sixty  days  and 
in  the  same  manner  and  by  the  same  proceedings  as  in  cases  of  con- 
demnation by  a  railroad  company  for  right  of  way,  but  the  school  board 
shall  not  be  liable  for  costs  of  appeal  unless  the  court  grant  greater 
damages  than  the  committee  of  appraisement  gave.  Provided,  however, 
that  in  the  exercise  of  the  right  of  eminent  domain  by  school  districts 
in  cities,  the  owner  of  the  land  thus  taken  shall  have  the  right  to  appeal 
from  the  assessment  of  damages  to  the  district  court  of  the  county  in 
which  such  property  is  situate  within  thirty  days  after  the  assessment 
provided  for  in  this  act  and  in  case  of  such  appeal  the  decision  and 
finding  of  the  district  court  shall  be  transmitted  by  the  clerk  thereof 
duly  certified  to  the  secretary  of  the  board  of  education  of  such  school 
district  to  be  filed  and  recorded  in  his  office;  but  such  appeal  shall  not 
delay  the  appropriation  of  the  property  sought  to  be  taken  and  in  no 
case  shall  said  school  district  be  liable  for  the  cost  on  such  appeal,  unless 
the  owner  of  such  real  estate  shall  be  adjudged  entitled  upon  the  appeal 
to  a  greater  amount  of  damage  than  was  awarded  by  said  free  holders. 
The  remedy  by  appeal  herein  allowed,  shall  be  deemed  and  held  to  be 
exclusive.  Upon  appeal  being  taken  by  any  person  from  any  award 
or  assessment  of  damages,  the  school  district  shall  have  the  right,  by 
giving  five  days'  notice  to  the  person  or  persons  appealing,  to  have  such 
appeal  placed  upon  the  trial  docket  or  calendar  of  the  court  to  which 
such  appeal  may  be  taken,  at  the  head  of  the  list  of  cases  for 
trial,  and  such  appeal  shall  have  priority  and  precedence  in  the  order 
of  trial  thereof  over  civil  actions,  and  the  court  shall  so  arrange  the  call 
of  cases  for  trial  as  to  give  such  appeal  such  priority  and  precedence. 
The  proceedings  on  appeal  to  the  district  court  and  for  review  by  the 


Subdiv.    13.  STATE  NORMAL  SCHOOLS  69 

supreme  court  of  the  proceedings  on  appeal  shall  be  similar  to  the  pro- 
ceedings in  like  cases  under  the  laws  of  the  state  which  shall  apply 
thereto  so  far  as  applicable.  [Amended  1907.] 

gec  5 — site  on  school  land. — When  it  is  desired  to  locate  a  school- 
house  site  on  school  land  belonging  to  the  state,  the  state'  land  com- 
missioner is  hereby  authorized  to  sell  to  the  district  not  less  than  one 
nor  more  than  four  acres,  and  give  a  deed  to  the  district  in  fee  simple 
in  the  name  of  the  state  as  in  other  cases. 


SUBDIVISION  XIII.— STATE  NORMAL  SCHOOLS. 

Section  1. — Board  of  education. — The  state  normal  school  shall  be 
under  the  direction  of  a  board  of  education,  consisting  of  seven  mem- 
bers, five  of  whom  shall  be  appointed  by  the  governor  for  a  term  of  five 
years  each,  and  the  state  treasurer  and  the  state  superintendent  of  public 
instruction  shall  by  virtue  of  their  office  be  members  of  said  board; 
Provided,  That  the  present  appointed  members  of  the  board  shall  con- 
tinue to  hold  their  several  offices  till  the  limit  of  the  time  for  which  they 
were  appointed.  All  vacancies  occurring  in  the  board  shall  be  filled 
by  appointment  of  the  governor. 

Sec.  2. — Officers. — The  members  of  the  board  of  education  shall 
annually  elect  a  president  and  a  secretary  from  among  their  own  num- 
ber, and  the  state  treasurer  shall  be  treasurer  of  the  board  by  virtue  of 
his  office. 

Sec.  3. — Record  of  secretary — Report. — It  shall  be  the  duty  of  the 
secretary  to  keep  an  exact  and  detailed  account  of  the  doings  of  the 
board,  and  on  the  first  day  of  January  of  each  year  he  shall  transmit 
to  the  governor  a  report  of  all  expenditures  made  'during  the  preceding 
years,  vouchers  for  which  shall  be  kept  on  file  in  the  office  of  the  secre- 
tary, and  open  ^  to  the  inspection  of  the  governor,  auditor,  and  members 
of  the  legislature. 

Sec.  4. — Appointment  of  principal,  teachers,  and  employees — Re- 
moval.— The  said  board  shall  have  power  to  appoint  a  principal,  assist- 
ant teachers,  and  such  other  employees  as  may  be  required,  to  fix  their 
compensation  and  prescribe  their  duties.  They  shall  have  power  to 
remove  all  persons  appointed  by  them,  provided  that  the  affirmative 
votes  of  four  members  of  the  board  shall  be  necessary  to  remove  a  prin- 
cipal or  an  assistant  during  the  time  for  which  such  persons  were 
appointed. 

'Sec.  5. — Compensation. — The  board  of  education  shall  receive  no 
compensation  for  their  services,  but  shall  be  reimbursed  actual  expenses 
incurred  in  attending  upon  meetings  of  the  board. 

Sec.  6. — Regular  meetings. — The  board  shall  hold  each  year  two 
regular  meetings,  the  last  week  of  the  spring  term  in  June,  and  the 


70  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.  13. 

last  week  of  the  winter  term  in  Decembec,  and  such  special  meetings  as 
may  be  found  necessary. 

Sec.  7. — Rules  and  regulations. — The  board  shall  adopt  all  needful 
rules  and  regulations  for  the  careful  preservation  of  the  buildings, 
furniture,  apparatus,  grounds,  timber,  shrubbery,  etc.,  belonging  to  the 
land. 

Sec.  8. — Principal,  chief  executive  officer. — The  principal  shall  be 
the  chief  executive  officer  of  the  school,  and  shall  be  responsible  to  the 
board  for  the  control  and  management  of  the  same.  All  teachers  and 
other  subordinates  in  said  school  shall  be  under  the  direction  of  the 
principal,  subject  to  the  general  regulations  of  the  board. 

Sec.  9. — Morals. — The  board  in  their  regulations,  and  the  principal 
in  his  supervision  and  government  of  the  school,  shall  exercise  a 
watchful  guardianship  over  the  morals  of  the  pupils;  but  no  religious 
or  sectarian  test  shall  be  applied  in  the  selection  of  teachers,  and  none 
shall  be  adopted  in  the  school. 

Sec.  10. — Certificate. — Any  student  of  good  moral  character  having 
completed  the  elementary  course  of  the  state  normal  schools  of  this  state 
shall  be  granted  an  elementary  state  certificate  by  the  board  of  educa- 
tion of  the  state  normal  schools,  which  shall  be  good  for  a  term  of 
not  less  than  one  year  and  not  to  exceed  three,  years  from  date  of  is- 
suance, at  the  discretion  of  the  county  superintendent  of-  the  county  in 
which  the  holder  of  such  certificate  shall  teach.  Any  student  complet- 
ing the  higher  course  of  study  in  a  satisfactory  manner  shall  be  granted 
by  the  board  of  education  of  the  state  normal  schools  a  diploma  which 
shall  be  recognized  as  a  first  grade  [state]  certificate,  which  shall  entitle 
the  holder  to  teach  in  any  of  the  schools  of  the  state  without  further  exam- 
ination for  the  space  of  three  years.  Any  graduate  of  the  higher  course, 
who  shall,  after  graduation,  teach  two  annual  terms  of  school  of  not  less 
than  six  months  each,  or  their  equivalent,  and  shall  produce  a  certificate 
of  good  moral  conduct  and  satisfactory  discharge  of  professional  duties 
from  the  board  or  boards  of  directors  of  the  district  or  districts  in 
which  the  applica-nt  taught,  countersigned  by  the  county  superintendent 
of  the  proper  county  or  counties,  shall  be  granted  by  the  board  of  educa- 
tion of  the  state  normal  schools  an  additional  diploma  which  shall  be 
recognized  as  a  professional  state  certificate  good  for  life.  Provided, 
That  any  teacher  producing  satisfactory  proof  of  three  years'  success- 
ful teaching  previous  to  graduation  in  the  higher  course  of  study  may 
receive  such  diploma  upon  graduation.  Provided,  That  no  life  diploma 
shall  be  in  force  after  its  holder  shall  permit  a  space  of  three  years 
to  lapse  without  following  some  educational  pursuit;  unless  said  diplo- 
ma be  endorsed  by  the  state  superintendent.  Provided,  That  each 
holder  of  a  certificate  from  the  elementary  course,  or  a  diploma  from 
the  higher  course,  shall,  before  he  begins  to  teach,  register  the  same  in 
the  office  of  the  county  superintendent  of  the  county  in  which  he  shall 
teach,  and  for  such  registration  he  shall  pay  a  fee  of  one  dollar,  which 
shall  go  into  the  institute  fund  of  said  county. 


Subdiv.   13,  JUNIOR  NORMAL  SCHOOLS  71 

Sec.  11. — Control  of  funds. — All  funds  appropriated  for  the  use  and 
benefit  of  the  normal  school,  together  with  the  income  arising  from  the 
lease  and  sale  of  the  endowment  lands  belonging  to  said  school,  shall 
be  under  the  direction  and  control  of  said  board  of  education,  subject 
to  the  provisions  herein  contained.  The  treasurer  shall  pay  out  of 
the  proper  funds  all  drafts  for  moneys  to  be  expended  under  the  provi- 
sions, of  this  subdivision,  such  orders  or  drafts  to  be  drawn  by  the  auditor 
on  certificates  by  the  secretary,  countersigned  by  the  president  of  the 
board.  No  such  certificates  shall  be  given  except  upon  accounts  audited 
and  allowed  by  the  board  in  open  meeting. 

Sec.  12. — Endowment. — All  the  lands  remaining  unsold  of  the  twenty 
sections  heretofore  appropriated  as  an  endowment  fund  for  the  state 
normal  school,  and  all  the  endowment  fund  hitherto  derived  from  the 
sale  of  such  lands,  shall  be,  and  the  same  is  hereoy,  confirmed  as 
such  endowment,  to  be  forever  used  for  this  purpose. 

Sec.  13. — Matriculation  fee. — Students,  when  entering  the  school  for 
the  first  time,  shall  pay  a  matriculation  fee  of  five  dollars.  The  moneys 
thus  received  shall  be  paid  into  the  .hands  of  the  state  treasurer,  and 
shall  be  held  as  a  library  fund,  and  the  board  of  education  shall,  from 
time  to  time,  appropriate  the  same  for  the  purchase  of  books  for  the 
normal  school  library. 

Sec.  14. — Dormitory. — All  moneys  received  for  the  use  of  rooms  in 
the  dormitory  shall  be  expended  by  the  board  in  repairs  of  dormitory 
and  the  furniture  of  the  same,  whenever  such  repairs  are  needed. 

Sec.  15. — Purpose. — The  exclusive  purpose  of  this  school  is  the 
training  and  instruction  of  persons,  both  male  and  female,  in  the  art 
of  teaching  and  managing  schools,  and  in  the  principles  and  practice 
of  the  various  branches  of  learning  taught  in  our  public  schools. 

Sec.  16. — Admission  of  pupils. — The  board  shall  make  such  rules  and 
regulations  for  the  admission  of  pupils  to  the  school  as  may  seem  to  be 
best  for  the  interest  of  the  school  and  not  inconsistent  with  the  pur- 
pose for  which  the  school  has  been  established.  No  pupil  shall  be 
admitted  to  said  school  or  schools  who  does  not  possess  at  least  a  two 
years'  high  school  education,  or  its  equivalent,  as  outlined  in  the 
Nebraska  High  School  Manual  issued  jointly  by  the  University  of  Ne- 
braska and  the  state  superintendent  of  public  instruction.  Provided, 
That  nothing  in  this  act  shall  apply  to  the  Junior  Normals  or  to  the 
attendance  at  the  summer  term  of  the  normals.  [Amended  1907.] 

[Sections  17,  18  and  19,  establishing  a  state  normal  school  at  Kear- 
ney, are  omitted.] 

JUNIOR  NORMAL  SCHOOLS. 

[Amended  1907.] 

Sec.  20. — Establishment. — That  there  be  and  there  hereby  .are  es- 
tablished in  the  State  of  Nebraska  not  less  than  five  and  not  more  than 


12  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   13. 

eight  junior  normal  schools  at  such  time  and  places  as  are  hereinafter 
designated. 

Sec.  21. — Terms,  time  and  places  of  holding. — The  terms  and  time  of 
holding  said  junior  normal  schools  shall  be  not  less  than  six  nor  more 
than  eight  weeks  between  the  first  day  of  June  and  the  first  day  of 
September  of  each  year.  Three  of  these  junior  normal  schools  shall 
be  established  '  and  maintained  in  the  public  school  districts  of  Alli- 
ance, McCook  and  Valentine,  and  at  not  more  than  five  other  places  to  be 
determined  by  the  state  superintendent  of  public  instruction.  In  case 
epidemic  sickness  or  the  destruction  of  the  school  house  shall  render 
it  impracticable  in  any  one  year  to  hold  a  junior  normal  school  in 
any  place  where  such  school  is  established,  the  state  superintendent  of 
public  instruction  may  locate  it  elsewhere  for  that  year.  At  each 
place  where  a  junior  normal  school  is  established  the  public  school 
buildings,  textbooks  and  apparatus  of  the  public  school  district  shall 
be  placed  at  the  service  of  the  state,  without  cost,  under  the  jurisdic- 
tion of  the  state  superintendent  of  public  instruction.  In  each  county 
where  a  junior  normal  school  is  established  not  less  than  three-fourths 
of  the  entire  institute  fund  shall  be  used  by  the  state  superintendent 
of  public  instruction  toward  defraying  the  expenses  of  such  junior 
normal  schools.  No  junior  normal  school  shall  be  established  in  any 
county  where  the  amount  appropriated  for  the  county  institute  fund  by 
the  county  board  is  less  than  one  hundred  ($100)  dollars  each  year.  In 
each  county  where  a  junior  normal  school  is  located  the  county  superin- 
tendent of  such  county  shall,  designate  one  week  of  the  junior  normal 
school  as  the  institute  week  in  and  for  his  county.  Any  county  super- 
intendent in  a  neighboring  county  to  that  in  which  a  junior  normal  school 
is  located  may  designate  one  week  of  the  junior  normal  school  as  the 
institute  week  for  his  county. 

Sec.  22. — Organization  and  management. — The  organization  and 
management  of  said  junior  normal  schools  shall  be  under  the  jurisdic- 
tion of  the  state  superintendent  of  public  instruction,  and  he  shall  select 
the  principals  and  the  instructors  for  said  schools,  and  shall  make  and 
complete  all  other  arrangements  for  the  successful  operation  of  said 
schools. 

Sec.  23. — Course  of  study,  credit. — The  course  of  study  pursued  at 
said  junior  normal  schools  shall  be  the  elementary  course  of  the  regularly 
prescribed  courses  of  study  for  the  state  normal  schools.^  Any  student 
in  regular  attendance  and  pursuing  and  completing  any  of  said  studies 
in  a  satisfactory  manner  shall  be  granted  a  certificate  to  that  effect 
signed  by  the  principal  of  the  junior  normal  school  and  the  state  super- 
tendent,  which  certificate  shall  entitle  the  holder  to  proper  credit  at  the 
state  normal  schools  and  at  all  schools  authorized  by  law  to  grant 
teachers'  certificates.  Any  student  in  regular  attendance  at  any  junior 
normal  school  and  pursuing  and  completing  the  prescribed  elementary 
course  of  study  of  the  state  normal  schools  in  a  satisfactory  manner 
shall  be  granted  by  the  board  of  education  of  the  state  normal  schools 


Subdiv.    13.  NORMAL  TRAINING  IN  HIGH  SCHOOLS  73 

an  elementary  state  certificate  of  the  same  tenor  and  effect  as  the  cer- 
tificate to  teach  issued  to  graduates  from  the  elementary  course  of 
the  state  normal  schools. 

NORMAL    TRAINING    IN    HIGH    SCHOOLS. 

[Approved  April  10,  1907.] 

Section  24. — Purpose. — For  the  purpose  of  giving  teachers  an  oppor- 
tunity to  meet  the  requirements  in  normal  training  as  provided  in  sec- 
tions 5548g  and  5548h,  chapter  79,  Compiled  Statutes  of  Nebraska  for 
1905,  provision  is  hereby  made  for  such  training  in  the  "high  schools  of 
Nebraksa. 

Sec.  25.— State  superintendent  designates  high  schools, — The  state 
superintendent  of  public  instruction  shall  designate  the  high  schools  in 
which  such  instruction  shall  be  given,  distributing  them  among  the 
sixty-seven  representative  districts  of  the  state,  as  nearly  as  well  may  be, 
having  reference  to  the  number  of  representatives  in  each,  and  to  the 
location  and  character  of  the  high  schools  selected. 

Sec.  26. — Admission — Regulations — The  state  superintendent  shall 
prescribe  the  conditions  of  admission  to  the  normal  training  classes, 
the  course  of  instruction,  and  the  rules  and  regulations  under  which  such 
instruction  shall  be  given. 

Sec.  27. — Requirements  governing  approval  of  high  schools  for  nor- 
mal training. — In  approving  a  high  school  for  normal  training  as  con- 
templated in  this  act,  the  state  superintendent  shall  be  governed  by  the 
following  general  requirements: 

1.  A  high  school  in  order  to  be  approved  for  normal  training  must 
ge  a  school  accredited  to  the  University  of  Nebraska. 

2.  At  least  two  teachers  exclusive  of  the  city  superintendent  shall 
give  their  entire  time  to  instruction  in  high  school  branches. 

3.  Normal   training  as  provided   in  this  act  shall  be  given   in  the 
eleventh   and   twelfth  grades.     Credit  for   such   training   shall   be  given 
upon   the   completion   of   the  prescribed   course   in  normal   training   and 
the  regular  high  school  course  of  study. 

4.  The  course  in  normal  training  shall  be  elective,  and  shall  con- 
sist of  the  three  following  lines  of  study: 

(a)  A  review  for  at  least  nine  weeks  in  each  of  the  following  sub- 
jects— reading,    grammar,   arithmetic,    and    geography — to    be   given    not 
earlier  than  the  tenth  grade.     This  work  snail  include  subject  matter, 
underlying  principles  and  methods  of  teaching,   and  should  enable   the 
student  to  approach  the  subject  from  the  standpoint  of  teacher  as  well 
as  that  of  student.    It  shall  be  given  by  well-trained,  experienced  teachers. 

(b)  A  study  of  American  history  for  at  least  one  semester  in  the 
eleventh  or   twelfth   grade. 

(c)  At  least  seventy-two  periods  of  professional  training  to  include 
a  study  of  methods,  school  management,  observation,  work,  etc.,  etc.,  to 
be  given  in  the  senior  year  by  the  city  superintendent  of  schools  or  by  a 


74  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.    13. 

member  of  the  high  school  faculty  recommended  by  him  and  approved 
by  the  state  superintendent  of  public  instruction. 

5.  Schools  offering  this  course 'shall  have  a  reference  library  of  at 
least  three  volumes  on  each  of  the  following  fields  of  professional  study 
— history    of   education,    principles    of    education,    methods,    and    special 
training  in  industrial  education,  including  agriculture. 

6.  In  case  elementary  agriculture  is  not  in  the  regular  course  of 
study  it  shall  be  required  in  the  course  in  normal  training. 

7.  Every   high   school   approved    for  normal   training  shall   instruct 
a  class  of  not  less  than  ten,  and  every  scholar  admitted  to  such  class 
shall  continue  under  instruction  not  less  than  eighteen  weeks  in  order 
to  be  counted  in  such  class. 

Sec.  28. — Amount  of  state  aid. — The  sum  of  seven  hundred  ($700.00) 
dollars  for  the  biennium  shall  be  zpaid  from  the  appropriatiom  provided 
'herein  to  each  school  district  in  which  a  class  of  not  less  than  ten  is 
organized  and  instructed  in  accordance  with  the  provisions  of  this  act. 

Sec.  29. — Expenses  of  inspection. — The  appropriation  provided  by 
this  act  for  instruction  in  high  schools  of  scholars  in  the  science  and  prac- 
tice of  common  school  teaching  stall  be  deemed  to  include  and  shall  in- 
clude due  inspection  and  supervision  of  such  instruction  by  the  state  su- 
perintendent of  public  instructions  and  the  expenses  of  such  inspection 
and  supervision  shall  be  paid  out  of  said  appropriation  on  vouchers  cer- 
tified by  the  state  superintendent. 

Sec.  30. — Payment — Secretary  of  board — Warrants. — The  secretary 
of  the  board  of  education  of  ea^h  school  district  meeting  the  require- 
ments for  normal  training  as  herein  provided  shall  on  or  before  the  last 
Monday  in  June  of  each  year  make  a  report,  under  oath,  to  the  state  su- 
perintendent of  public  instruction  showing  how  many  scholars  have  met 
the  minimum  requirements  for  normal  training  as  contemplated  by  this 
act.  The  state  superintendent  shall  on  or  before  the  second  Monday  in 
July  of  each  year  apportion  the  money  earned  to  each  school  that  has 
fully  complied  with  the  requirements  of  this  act.  It  shall  be  the  duty  of 
the  state  superintendent  to  certify  the  apportionment  for  the  several 
school  districts  of  the  state  to  the  state  auditor,  who  shall  draw  warrants 
on  the  state  treasurer  in  favor  of  the  secretary  of  the  board  of  education 
of  the  various  school  districts  for  the  sums  so  specified  by  the  state  su- 
perintendent of  public  instruction.  It  shall  be  the  duty  of  the  state  treas- 
urer to  redeem  each  warrant  drawn  on  him  by  the  state  auditor  and  to  re- 
mit the  same  to  the  secretary  of  the  board  of  education  of  the  proper 
school  district. 

Sec.  31. — Appropriation. — That  there  be  and  there  hereby  is  appro- 
priated out  of  any  moneys  in  the  state  treasury  not  otherwise  appropri- 
ated the  sum  of  fifty  thousand  ($50,000)  dollars  for  the  purpose  of  estab- 
lishing and  maintaining  normal  training  in  high  schools  for  the  biennium 
ending  March  31,  1909. 


Subdiv.   14.  SCHOOLS  IN  CITIES  75 


SUBDIVISION   XIV.— SCHOOLS   IN   CITIES. 

Section  1. — General  control. — That  the  territory  embraced  within 
the  corporate  limits  of  each  incorporated  city  in  the  state  of  Nebraska, 
or  those  hereafter  incorporated  as  such  (together  with  such  additional 
territory  and  additions  to  said  city, as  may^be  added-  thereto),  as  de- 
clared by  ordinance  to  be  the  boundaries  of  such  city,  having  a  popula- 
tion of  more  than  fifteen  hundred  (1500)  inhabitants,  including  such  ad- 
jacent territory  as  now  is,  or  hereafter  may  be  attached  for  school  pur- 
poses, shall  constitute  one  school  district,  and  be  known  by  the  name  of 
"The  school  district  of  (name  of  city),  in  the  county  pf  (name  of  county), 
in  the  state  of  Nebraska,"  and  as  such,  in  that  came,  shall  be  a  body 
corporate  and  possess  all  the  usual  powers  of  a  corporation  for  public 
purposes,  and  in  that  name  and  style  may  sue  and  be  sued,  purchase, 
hold,  and  sell  such  personal  and  real  estate,  and  control  such  obligations 
as  are  authorized  by  law,  and  the  title  to  all  school  buildings  or  other 
property,  real  or  personal,  owned  by  any  school  district  within  the  cor- 
porate limits  of  any  city,  shall  upon  the  organization  of  the  district  under 
the  provisions  of  this  subdivision,  vest  immediately  in  the  new  district; 
and  the  board  of  education,  by  this  subdivision  provided,  shall  have  ex- 
clusive control  of  the  same  for  all  purposes  herein  contemplated;  Pro- 
vided,That  any  territory  not  included  within  the  corporate  limits  of  any 
city,  and  containing  territory  or  a  number  of  children  sufficient  to  con- 
stitute a  school  district  under  the  provisions  of  this  chapter,  may,  by  pe- 
tition signed  by  at  least  a  majority  of  the  legal  voters  of  such  territory, 
and  a  majority  of  the  board  of  education  of  such  city,  be,  by  the  county 
superintendent,  erected  into  a  separate  district  under  the  conditions  im- 
posed by  this  chapter. 

Sec.  2.— Free  schools.— That  all  schools  organized  within  the  limits 
of  said  cities  shall  be  under  tha  direction  and  control  of  the  boards  of 
education  authorized  by  this  subdivision.  Such  schools  shall  be  free 
to  all  children  between  the  ages  of  five  and  twenty-one  years,  whose 
parents  or  guardians  live  within  the  limits  of  said  district,  and  all  child- 
ren of  school  age  non-residents  of  said  district  who  are  or  may  be  by 
law  allowed  to  attend  said  school  without  charge. 

Sec.  3. — Board  of  education — The  boards  of  education  contemplated 
by  'this  subdivision  shall  consist  of  six  members  who  shall  be  elected 
upon  a  general  ticket  from  among  tie  legal  voters  who  are  tax  payers  at 
the  time  for  holding  the  general  city  election  in  each  year.  At  the  first 
election  in  cities  organized  under  this  act  two  members  shall  be  elected 
for  the  term  of  three  years,  two  for  two  years,  and  two  for  one  year,  and 
annually  thereafter  two  members  shall  be  elected  for  three  years  and 

SEC.  1.     Consolidation  of  district;    payment  of  debts.     15  Neb.,   4.     Cited  10 
Id.,  12. 

See  sections  5-8,  subdivision  6. 

For   schools  In   metropolitan   cities   see   post,    subdivision   17. 


76  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.  14. 

until  their  successors  are  elected  and  qualified  and  installed  in  office. 
Provided,  That  in  cities  of  the  first  class  having  a  population  of  less 
than  forty  thousand  and  more  than  five  thousand  inhabitants  the  board 
of  education  shall  at  the  option  of  the  school  district  consist  of  nine  mem- 
bers who  shall  be  qualified  electors  of  said  city,  and  shall  be  actual  tax 
payers,  who  shall  be  elected  at  the  times  and  hold  their  offices  for  the 
terms  hereinafter  prescribed,  to-wit:  At  the  first  annual  city  election 
held  after  organizing  under  this  act,  three  members  shall  be  elected  for 
the  term  of  three  years,  three  for  two  years,  and  three  for  one  year,  and 
annually  thereafter  their  successors  shall  be  chosen  for  the  term  of 
three  years,  and  all  members  so  elected  shall  serve  until  their  successors 
are  duly  elected  and  qualified. 

• 

Provided  further  That  in  cities  of  the  first  class,  having  a  population 
of  more  than  forty  thousand  and  less  than  a  hundred-  thousand,  the  board 
of  education  shall  consist  of  six  members  who  shall  be  elected  in  manner 
following:  At  the  general  city  election  to  be  held  in  the  year  1905,  and 
every  six  years  thereafter,  there  shall  be  elected  two  members  of  said 
board  of  education  for  a  term  of  six  years.  At  the  general  city  election 
to  be  held  in  the  year  1907,  and  every  six  years  thereafter,  there  shall  be 
elected  two  members  of  said  board  of  education  for  a  term  of  six  years. 
At  the  general  city  election  to  be  held  in  the  year  1909,  and  every  six 
years  thereafter,  there  shall  be  elected  two  members  of  said  board  of  edu- 
cation for  a  term  of  six  years. 

Provided,  That  incumbents  in  office  whose  terms  expire  subsequent  to 
the  general  city  election  of  said  city  for  the  year  1905,  shall  be  privileged 
to  continue  in  office  until  their  successors  are  elected  and  qualified  as 
herein  provided;  those  whose  terms  shall  first  expire  shall  be  super- 
seded by  those  first  elected  under  the  provisions  of  this  act.  Said  mem- 
bers of  the  board  of  'education  shall  enter  upon  the  duties  of  their  office 
on  the  first  Tuesday  succeeding  their  election.  In  event  of  a  vacancy 
among  the  members  of  said  board  of  education,  said  vacancy  shall  be 
filled  by  nomination  by  the  mayor  and  confirmation  by  the  city  council, 
and  such  appointment  shall  continue  for  the  unexpired  term. 

Sec.  4. — Election — That  the  ballots  for  the  election  of  members  of 
the  board  of  education,  for  authorizing  the  issuance  of  bonds,  or  the  pur- 
chase of  sites  and  erection  of  buildings,  shall  in  all  cases  be  deposited 
in  boxes  especially  prepared  for  that  purpose,  and  be  received,  and  re- 
turns made  by  the  regular  election  board;  but  the  returns  for  the  elec- 
tion of  members  shall  be  canvassed  in  the  same  manner  as  provided  for 
in  the  case  of  city  officers ;  the  returns  for  the .  issuance  of  bonds,  pur- 
chase of  sites,  and  erection  of  buildings  shall  be  made  to  and  canvassed 
by  the  board  of  education. 

Sec.  5. — Oath  of  office. — That  all  persons  elected  as  members  of 
boards  of  education  shall,  on  or  before  the  first  Monday  of  the  month 
following  their  election,  take  and  subscribe  the  usual  oath  of  office.  In 
case  any  person  elected  shall  fail  so  to  do,  his  election  shall  be  void,  and 


Subdiv.   14.  SCHOOLS  IN  CITIES  77 

the  vacancy  thereby  occasioned  shall  be  filled  by  the  board  as  herein- 
after provided. 

Sec.  6. — Meetings. — That  the  regular  meetings  of  the  boards  of  edu- 
cation shall  be  held  upon  the  first  Monday  of  each  month;  but  special 
meetings  may  be  held  from  time  to  time,  as  circumstances  may  demand, 
and  all  meetings  of  the  board  shall  be  open  to  the  public,  unless  other- 
wise specially  ordered. 

Sec.  7. — Officers — Rules. — That  the  boards  of  education  shall  have 
power  to  select  their  own  officers  and  make  their  own  rules  and  regu- 
lations subject  to  the  provisions  of  this  subdivision  and  of  this  act;  but 
no  member  of  the  board,  except  the  secretary,  shall  accept  or  receive  any 
compensation  for  services  performed  in  discharging  the  duties  of  his 
office. 

Sec.  8. — Election  of  officers. — The  term  of  members  elected  shall  be- 
gin with  the  first  Monday  in  May  succeeding  their  election  each  year, 
and  the  members  of  the  board  shall  thereupon  elect  a  president  and  vice- 
president  from  their  own  number,  and  a  secretary  either  from  'their  own 
number  or  outside,  in  the  discretion  of  the  board,  and  they  shall  determine 
the  salary  of  such  secretary  not  to  exceed,  however,  $720.00  per  annum, 
provided  that  the  limitation  of  salary  shall  not  apply  to  school  districts 
comprising  territory  within  the  corporate  limits  of  cities  of  the  .first  class 
having  a  population  of  more  than  40,000  and  less  than  100,000.  Each  of 
said  officers  shall  serve  for  the  term  of  one  year  or  until  their  successors 
are  elected  and  qualified.  They  may  also  elect  at  any  regular  meeting 
one  superintendent  of  public  instruction  with  such  salary  as  the  board 
may  deem  best,  and  they  may  enter  into  contract  with  him  in  accordance 
with  their  discretion,  for  a  term  not  to  exceed  three  years.  The  election 
of  the  officers  of  the  board,  of  the  superintendent  and  teachers,  and  all 
elections  for  filling  vacancies  on  the  board  shall  be  by  ballot,  and  no  per- 
son shall  be  declared  elected  except  he  receive  the  vote  of  a  majority  of 
all  the  members  of  the  board. 

Sec.  9. — President. — That  it  shall  be  the  duty  of  the  president  to 
preside  at  all  meetings  of  the  board,  to  appoint  all  committees  whose 
appointment  is  not  otherwise  provided  for,  and  to  sign  all  warants  ordered 
by  the  board  of  education  to  be  drawn  upon  the  city  treasurer  for  school 
moneys. 

Sec.  10. — Vice  president. — That  it  shall  be  the  duty  of  the  vice  presi- 
dent to  perform  all  the  duties  of  the  president  in  case  of  his  absence  or 
disability. 

Sec.  11. — Secretary. — That  it  shall  be  the  duty  of  the  secretary  to 
be  present  at  all  meetings  of  the  board,  to  keep  an  accurate  journal  of  its 
proceedings,  to  take  charge  of  its  books  and  documents,  to  countersign 
all  warrants  for  school  moneys  drawn  upon  the  city  treasurer  by  order  of 
the  board,  to  apply  for  and  receive  school  funds  from  the  county  treasurer, 
or  other  person  to  whom  such  funds  are  payable  by  law,  and  deposit  the 


78  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   14. 

same  with  the  treasurer  of  the  board,  and  to  perform  all  such  other 
clerical  duties  as  the  board  may  require;  and  for  his  services  he  shall  re- 
ceive such  salary  as  the  board  may  deem  adequate. 

Sec.  12. — Secretary's  bond. — That  before  entering  upon  the  discharge. 
of  his  duties  the  secretary  off  the  board  shall  give  bonds  in  the  sum  of 
not  Jess  than  one  thousand  dollars,  to  be  determined  by  the  board  with 
good  and  sufficient  sureties,  and  shall  take  and  subscribe  an  oath  or  af- 
firmation before  a  proper  officer,  that  he  will  suport  the  constitution  of 
the  state  of  Nebraska,  and  faithfully  perform  the  duties  of  his  office. 

Sec.  13. — Treasurer. — That-  the  city  treasurer  of  such  city  shall  be 
ex  officio  treasurer  of  the  school  district.  He  shall  attend  all  meetings  of 
the  board  when  required  eo  to  do,  and  he  shall  prepare  and  submit  in 
writing  a  monthly  report  of  the  state  of  its  finances,  and  he  shall  pay 
school  moneys  only  upon  warrants  signed  by  the  president  of  the  board  or, 
in  his  absence,  by  the  vice  president,  and  countersigned  by  the  secretary. 
He  shall  give  a  bond  payable  to  the  county  in  such  sum  as  may  be  fixed 
by  the  board  of  education,  which  bond  shall  be  signed  by  one  or  more 
surety  companies  of  recognized  responsibility,  and  the  cost  of  such  bond 
shall  be  paid  by  the  school  district. 

Sec.  14. — Property  and  funds. — That  within  ten  days  after  the  per- 
manent organization  of  a  board  of  education,  as  provided  for  in  this  sub- 
division, it  shall  be  the  duty  of  all  officers  of  school  districts  within  the 
limits  of  cities  aforesaid  to  deliver  to  the  officers  of  the  board  all  prop- 
erty, funds,  and  papers  entrusted  to  their  care,  for  the  use  of  the  pub- 
lic schools  of  such  cities,  and  all  funds  thus  received  shall  be  immediately 
paid  to  the  treasurer  of  the  board,  and  be  by  him  placed  to  the  credit  of 
the  school  district  provided  by  this  subdivision. 

Sec.  15. — Vacancies,  how  filled. — That  the  boards  of  education  shall 
have  power  to  fill  any  vacancies  which  may  occur  in  their  body "  from 
among  the  legal  voters  who  are  tax  payers; 

Provided — Vacancy  filled  by  election. — That  any  vacancy  occurring 
more  than  ten  days  previous  to  the  annual  city  elections,  and  leaving  an 
unexpired  term  of  more  than  one  year,  shall  be  filled  at  the  first  city 
election  thereafter,  and  the  ballots  and  returns  shall  be  designated  as 
follows:  "To  fill  unexpired  term." 

Sec.  16. — Quorum. — That  a  majority  of  all  the  members  of  each  board  of 
education  shall  constitute  a  quorum,  but  a  less  number  in  attendance  at 
any  regular  meting  shall  have,  and  a  quorum  at  any  special  meeting  may 
have,  power  to  compel  the  attendance  of  absent  members,  in  such  a  man- 
ner, and  under  such  penalities  as  such  board  shall  see  fit  to  prescribe; 
and  the  absence  of  any  member  from  four  consecutive  regular  meetings 
of  the  board  unless  on  account  of  sickness  or  consent  of  the  board,  re 
moval  from  the  district,  or  resignation  accepted  by  the  board  shall  va- 
cate his  position  on  the  board,  and  such  vacancy  shall  be  filled  in  accor- 
dance with  the  provisions  of  this  subdivision. 

Sec.  17. — Accounts  audited. — That  all   accounts   shall  be  audited  by 


Subdiv.    14.  SCHOOLS  IN  CITIES  79 

the  secretary,  approved  by  a  committee,  to  be  styled  the  committee  on 
claims,  and  no  expenditure  greater  than  two  hundred  dollars  shall  be 
voted  by  the  board,  except  in  accordance  with  the  provisions  of  a  written 
contract;  nor  shall  any  money  be  appropriated  out  of  the  school  fund, 
except  on  a  recorded  affirmative  vote  of  a  majority  of  all  the  members  of 
the  board,  and  said  accounts  and  the  records  of  said  board  in  cities  of  the 
first  class  shall  at  all  times  be  subject  to  the  inspection  and-  examination 
of  the  auditor  of  such  city,  whose  duty  it  shall  be  each  month  to  examine 
said  records  and  check  said  accounts  and  from  time  to  time,  as  may  be 
required  by  ordinance  or  resolution  of  the  city  council,  report  to  said 
council  the  nature  and  state  of  said  accounts,  and  any  facts  that  may  be 
required  concerning  said  records. 

Sec.  18. — Census. — That  the  boards  of  education  shall  annually  cause 
to  be  taken  an  enumeration  of  all  persons  between  the  ages  of  five  and 
twenty-one  years,  residing  in  the  district,  who  shall  report  the  same,  to- 
gether with  such  other  information  as  required  by  sections  one  (12)  and 
seventeen  (17)  of  subdivision  IV  of  this  chapter,  to  the  county  superin- 
tendent of  public  instruction,  at  the  time  specified  by  law  for  like  returns 
from  other  districts. 

Sec.  19. — Teachers'  certificates. — That  all  persons  making  applica- 
tions, to  boards  of  education  as  teachers  in  graded  and  high  schools 
therein  shall  be  required  to  produce  a  legal  certificate  given  by  some  au- 
thority authorized  to  grant  teachers'  certificates  or  from  an  examining 
committee  appointed  by  the  board.  And  for  such  purpose  the  board  of  ed- 
ucation is  authorized  to  appoint  three  competent  persons,  at  such  times 
as  may  be  deemed  expedient,  who  shall  be  styled  "the  examining  com- 
mittee of  the  board  of -education,"  and  whose  duty  it  shall  be  to  examine 
ail  persons  who  may  apply  to  them  as  teachers,  and  teachers  receiving 
such  certificates  setting  forth  that  such  person  is  competent  to  teach  in 
the  public  schools  of  the  city,  and  is  a  person  of  good  moral  character, 
shall  be  entitled  to  all  the  benefits  arising  from  a  certificate  issued  to 
any  teacher  under  the  laws  of  this  state.  Any  certificate  granted  by  such 
committee  may  be  revoked  by  the  board  of  education,  for  any  reason 
which  would  have  justified  the  withholding  thereof  when  the  same  was 
granted,  or  for  gross  negligence  of  duty,  incompetency,  or  immorality. 

Sec.  20. — Contract  with  member  illegal. — It  shall  be  unlawful  for  any 
member  of  the  board  of  education  to  have  any  pecuniary  interest,  either 
directly  or  indirectly,  in  any  contract  for  the  erection  of  schoolhouses, 
or  for  warming,  ventilating,  furnishing,  or  repairing  the  same,  or  to  be 
in  any  manner  connected  with  the  furnishing  of  supplies  for  the  main- 
tenance of  the  schools. 

Sec.  21. — Sale  of  district  property. — No  school  property  of  any  kind 
belonging  to  any  school  district  shall  be  sold  by  the  board  of  education, 
except  (upon  an  order  passed)  at  a  regular  meeting  of  the  same,  and  not 
then  without  an  affirmative  recorded  vote  of  at  least  two-thirds  of  all  the 
members  of  the  board. 


80  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.  14 

Sec.  22. — Payment  of  debts  of  superseded  districts. — Each  of  the 
school  districts  provided  for  in  section  1  of  this  subdivision  shall  have 
the  power,  and  it  shall  be  the  duty  of  the  board  of  education  to  provide 
for  the  payment  of  debts  created  by  school  districts  or  other  school  or- 
ganizations superseded  by  the  districts  herein  provided  for,  when  such 
debts  shall  have  been  incurred  in  the  erection  of  schoolhousee,  or  for 
other  school  purposes;  if  any  portion  of  such  debts  shall  be  "in  the  form 
of  bonds,  if  issued  for  a  valuable  consideration,  and  in  accordance  with 
law,  the  validity  of  which  has  not  been  called  in  question,  or  if  called  in 
question  have  been  declared  by  courts  of  last  resort  to  be  valid,  the 
holder  or  holders  thereof,  on  surrendering  the  same  to  said  board,  shall 
have  the  right  to  demand,  and  it  shall  be  the  duty  of  said  board,  in  the 
name  of  the  district  created  by  this  subdivision,  to  cause  to  be  issued 
other  bonds  of  like  amount,  of  the  same  tenor  and  effect  as  to  payment  of 
principal  and  interest  as  the  bonds  surrendered.  This  provision  shall 
also  apply  to  cases  where  only  a  part  of  a  district  shall  be  embraced 
within  the  district  created  by  this  subdivision,  whenever  said  fractional 
part  shall  petition  and  become  a  part^of  said  district,  as  provided  for  in 
section  1  of  this  subdivision. 

Provided — Apportionment  of  indebtedness. — The  latter  shaH  assume 
and  pay  only  such  proportion  of  the  debt  of  the  divided  district  as  the  as- 
sessed valuation  of  the  part  taken  therefrom  shall  bear  to  the  assessed 
valuation  of  the  part  remaining.  In  case  of  a  division  of  one  or  more 
school  districts  for  the  purpose  of  forming  one  school  district  within  the 
limits  of  a  city  of  the  first  class,  it  shall  be  the  duty  of  the  county  su- 
perintendent of  public  instruction,  the  president  of  the  board  of  education, 
and  the  director  of  the  school  district,  to  appraise  and  adjust  all  claims 
or  assets  in  such  a  manner  that  each  district  shall  bear  its  proportion  of 
the  indebtedness,  as  heretofore  provided,  and  have  its  proportion  of  the 
assets  of  said  district. 

Sec.  23. — Estimate  of  funds  needed. — That  the  board  of  education 
shall  annually,  during  the  month  of  June,  report  to  the  county  commis- 
sioners an  estimate  of  the  amount  of  funds  required  for  the  support  of 
the  schools  during  the  fiscal  year  next  ensuing,  the  amount  of  funds  re- 
quired for  the  purchase  of  school  sites,  the  erection  of  school  buildings, 
the  payment  of  interest  upon  all  -bonds  issued  for  school  purposes,  and 
the  creation  of  a  sinking  fund  for  the  payment  of  such  indebtedness;  and 
the  county  commissioners  are  hereby  authorized  and  required  to  levy  and 
collect  the  necessary  amounts  the  same  as  other  taxes;  a  duplicate  of 
said  certificate  shall  be  filed  by  the  board  with  the  city  council. 

Sec.  24.— Limitation  of  taxation— Bonds.— That  the  aggregate  school 
tax,  exclusive  of  school  bond  taxes,  shall  in  no  one  year  exceed  twenty- 
five  mills.  Provided  that  in  cities  of  the  first  class  having  a  population 
of  more  than  forty  thousand  a  school  tax,  exclusive  of  school  bond  taxes, 


SEC.  23.     Cited  86  Neb.,  263. 


Subdiv.   11.  SCHOOL  FUNDS  65 

incorporated  town,  shall  make  duplicate  receipts  for  all  sums  which  shall 
be  paid  into  his  office,  which  receipts  shall  show  the  source  from  which 
such  funds  are  derived,  and  shall  by  distinct  lines  and  columns  show  the 
amount  received  to  the  credit  of  each  separate  fund,  and  whether  the 
same  was  paid  in  cash,  in  warants,  or  otherwise;  one  of  which  duplicates 
the  treasurer  shall  deliver  to  the  person  making  such  payment,  and  the 
duplicate  thereof  he  shall  retain  in  his  office. 

Sec.  16. — Treasurer's  duties — Cash  book — Register. — Every  such 
treasurer  shall  daily,  as  moneys  are  received,  foot  the  several  columns  of 
his  cash  book,  and  of  his  register,  and  carry  the  amounts  forward,  and  at 
the  close  of  the  year,  in  case  the  amount  of  money  received  by  such 
treasurer  is  insufficient  to  pay  the  warrants  registered,  he  shall  close 
the  acount  for  that  year  in  such  register,  and  shall  carry  forward  the  ex- 
cess. 

Sec.  17. — Failure  to  keep  books — Penalty. — Any  such  treasurer  who 
shall  fail  regularly  to  enter  upon  his  cash  book  the  amounts  so  received 
and  receipted  for,  or,  who  shall  fail  to  keep  his  cash  book  footed  up  from 
day  to  day,  as  required  by  this  act,  for  the  space  of  three  days,  shall  for- 
feit for  each  offense  the  sum  of  one  hundred  dollars,  to  be  recovered  in  a 
civil  action  on  his  official  bond,  by  any  person  holding  a  warrant  drawn 
on  such  treasurer,  one-half  to  the  person  bringing  such  action,  and  one- 
half  to  the  school  fund  of  the  county  in  which  such  action  is  brought. 

Sec.  18. — Inspection  of  books. — The  cash  book,  register,  and  re- 
tained receipts  of  every  such  treasurer,  shall  at  all  times  be  open  to  the  in- 
spection of  any  person  in  whose  name  any  warrants  are  registered  and 
unpaid. 

Sec.  19. — Failure  to  notify — Penalty. — Any  treasurer  who  shall  for 
the  period  of  five  days  after  moneys  in  amount  sufficient  to  p«.y  any  reg- 
istered warrant  in  its  order  have  been  received,  fail  to  mail  notice  thereof 
to  the  person  registering  such  warrant,  shall  forfeit  to  such  person  ten 
per  cent,  on  the  amount  of  such  warant,  and  ten  per  cent  additional  for 
every  thirty  days  thereafter  during  which  such  failure  shall  continue.  • 

Sec.  20. — Failure  to  register  or  pay — Penalty. — Any  such  treasurer, 
who  shall  fail  to  register  any  warrant,  in  the  order  of  its  presentation 
therefor,  or  shall  fail  to  pay  the  same  in  the  order  of  its  registration, 
shall  be  liable  on  his  official  bond  to  each  and  every  person,  the  payment 
of  whose  warrant  or  warrants  is  thereby  postponed,  in  the  sum  of  five 
hundred  dollars,  to  be  recovered  in  a  civil  action,  one-half  of  which  shall- 
go  to  the  person  bringing  such  action,  and  one-half  to  the  school  fund  of 
the  county  in  which  such  action  is  brought. 

Sec.  21. — Duplicate  for  lost  warrant. — Whenever  it  shall  be  made  to 
appear  to  the  satisfaction  of  any  officer,  authorized  by  law  to  issue  war- 
rants, that  any  warrant  issued  by  him  has  been  lost  and  destroyed,  such 
officer  shall  have  authority  to  issue  a  duplicate  thereof,  numbered  the 
same  as  the  original,  with  the  word  "duplicate"  written  or  printed  in  red 
ink  across  the  face  thereof;  Provided,  That  no  such  duplicate  warrant 


66  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   11 

shall  be  issued  until  the  party  applying  for  the  same  shall  make  affidavit 
that  he  was  the  owner  of  the  original  warrant,  and  shall  also  file  with 
such  officer  an  indemnity  bond  with  good  and  sufficient  security  con- 
ditioned to  refund  any  money  by  him  or  his  assigns  received  on  such 
duplicate  in  case  of  presentation  and  payment  of  the  original  by  the 
treasurer  upon  whom  the  same  is  drawn,  whether  upon  a  genuine  en- 
dorsement thereon  or  otherwise. 

Sec.  22. — Investment  of  sinking  fund. — When  any  warrant  issued  by 
the  proper  authorities  of  any  county,  township,  city,  town,  or  school  dis- 
trict shall  have  been  presented  for  payment  and  the  same  is  not  paid  for 
want  of  funds,  it  shall  be  lawful  for,  and  is  hereby  made  the  duty  of  such 
treasurer  upon  and  under  the  direction  of  the  board  of  county  commis- 
sioners, or  supervisors  of  such  county,  to  purchase  and  take  up  such  reg- 
istered warrants  with  sinking  funds  in  his  hands  and  to  hold  such  war- 
rants for  the  benefit  of  the  fund  so  invested,  till  the  same  is  paid  in  its 
order  as  provided  by  law. 

Sec.  23. — Same. — The  board  of  county  commissioners,  or  supervisors 
of  any  county  in  this  state,  is  hereby  authorized  to  provide  for  the  pur- 
chase and  taking  up  of  registered  warrants,  as  provided  for  in  section 
1  of  this  act,  out  of  the  sinking  funds  in  the  hands  of  the  county  treasurer, 
whenever  in  the  judgment  of  such  county  board  the  same  shall  be  safe 
and  expedient.  Before  so  investing  any  sinking  funds  the  county  board 
shall  fix  and  prescribe,  and  enter  of  record  general  directions  and  author- 
ity to  such  county  treasurer,  as  to  the  funds  to  be  so  invested,  specifying 
the  funds  to  be  so  invested,  the  kind  and  amount  of  warrants  to  be  so 
invested  in,  and  in  so  doing  shall,  as  far  as  the  same  may  be  practicable, 
continue  to  invest  the  sinking  fund  which  shall  last  become  due  and 
payable;  Provided,  That  not  more  than  fifty  per  cent  of  the  money  so 
collected  on  any  given  sinking  fund  shall  be  so  invested  in  warrants 
at  any  given  time,  and  provided  further,  that  when  practicable  the 
warrants  drawn  by  any  given  authority  shall  be  provided  for  as  above 
from  the  sinking  funds  belonging  to  the  organization  issuing  such  war- 
rant, and  of  such  provisions  such  county  board  shall  give  the  treasurer 
notice. 

Sec.  24. — Same — Cities* — The  city  council  of  any  incorporated  city 
of  this  state  may  make  similar  provision  for  the  taking  up  of  warrants 
out  of  the  sinking  funds  in  the  hands  of  the  city  treasurer  of  such  city, 
provided,  that  the  warrants  to  be  so  purchased  shall  be  limited  to  those 
of  its  own  issue,  or  to  those  of  any  school  district  situated  mainly  or 
wholly  within  the  boundaries  of  such  city,  and  upon  notice  given  of 
such  direction,  it  shall  be  the  duty  of  such  treasurer  to  so  take  up 
such  warrants. 

gec  25. Same — School  districts — The  school  board  of  any  school 

district  in  this  state  is  hereby  authorized  to  direct  the  legal  custodian 
of  any  of  its  sinking  funds,  to  invest  such  sinking  funds  in  the  war- 
rants of  such  school  district,  in  like  manner  as  hereinbefore  provided 


Subdiv.   12.  SCHOOLHOUSE  SITES  67 

for,  provided,  that  the  investment  of  such  school  district  sinking  fund 
under  this  section  shall  be  limited  to  the  warrants  of  its  own  issue,  and 
upon  such  direction  of  the  school  board,  the  custodian  of  such  sinking 
funds  shall  proceed  to  take  up  the  warrants  of  such  school  district  as 
herein  provided  for. 


SUBDIVISION     XII.— SCHOOLHOUSE    SITES. 

Section  1. — Condemnation. — If  the  owner  of  any  real  estate  on  which 
a  school  board  may  desire  to  locate  a  school  house;  or  which  the  school 
board  needs  for  an  extension  of  school  grounds,  refuses  or  neglects  to 
grant  the  site  on  his  or  her  premises,  or  if  such  owner  cannot  be  found, 
the  county  superintendent  shall  appoint  three  disinterested  persons, 
none  of  whom  shall  be  residents  of  the  district,  whose  duty  it  shall 
be,  after  taking  an  oath  to  faithfully  discharge  the  duties  imposed  on 
them  by  this  subdivision,  to  inspect  such  real  estate  and  assess  the 
damages  which  such  owner  shall  sustain  by  the  appropriation  of  his  land 
for  the  use  of  said  house  and  school,  and  make  a  report  to  said  county 
superintendent,  giving  amount  of  land  and  damages,  with  exact  loca- 
tion of  land,  and  who  shall  file  and  preserve  the  same  in  his  office.  Each 
person  acting  as  such  appraiser  shall  receive  the  sum  of  two  dollars  per 
day  for  his  services.  Provided,  however,  that  whenever  it  shall  become 
necessary  to  appropriate  private  property  for  general  school  purposes 
in  school  districts  in  cities,  and  such  appropriation  shall  be  declared 
necessary  by  resolution  of  the  board  of  education  of  a  school  district 
organized  within  the  limits  of  a  city  which  said  resolution  shall  be  con- 
clusive of  the  necessity  for  such  appropriation,  the  county  judge  of  the 
county  in  which  said  real  estate  may  be  situated,  .shall,  upon  the  applica- 
tion of  said  board  of  education  of  such  school  district  located  in  a  city, 
appoint  three  disinterested  free  holders  of  the  school  district  in  which 
such  real  estate  is  situated,  who,  after  being  duly  sworn  to  perform 
the  duties  of  their  appointment  with  fidelity  and  impartiality  and  after 
reasonable  notice  to  the  owners  and  parties  interested  in  said  property, 
the  time  and  manner  of  said  notice  to  be  determined  by  the  order  of 
said  county  judge,  shall  assess  the  damages  to  the  owners  of  the  prop- 
erty and  parties  interested  therein  respectively  taken  by  such  appropria- 
tion. Such  assessment  shall  be  reported  in  writing  to  the  county  judge 
of  said  county  and  if  the  same  shall  be  confirmed  by  said  board  of 
education,  the  damages  so  assessed  shall  be  paid  to  the  owners  of  such 
property  or  deposited  with  the  county  judge  of  said  county,  subject  to 
the  order  of  such  owner  or  owners,  respectively,  after  which  such 
property  may  at  any  time  be  taken  for  the  use  of  the  school  district 
and  said  school  district  shall  be  entitled  to  the  process  of  the  court  to 
place  it  into  immediate  possession  of  said  property.  If  the  assessment 
be  not  confirmed  by  the  board  of  education,  proceedings  may  be  taken 
anew  to  assess  the  damages  upon  application  of  the  board  of  education 


68  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   12. 

for  the  appointment  of  other  and  different  appraisers,  whereupon  said 
county  judge  shall  make  an  order  of  appointment  of  different  appraisers 
and  proceedings  shall  be  had  in  like  manner  as  herein  provided  for. 

Sec.  2. — Costs. — The  school  board  shall  pay  the  cost  of  this  ap- 
praisement, and  after  paying  to  the  owner  of  the  land  the  amount  of 
damages  assessed  may  enter  upon  and  occupy  the  land  as  long  as  the 
district  desires,  to  use  it  for  district  purposes;  but  should  the  same  cease 
to  be  used  for  school  purposes  it  will  revert  back  to  the  owner  of  the  fee 
simple  of  the  land  from  which  it  was  taken  on  the  payment  by  him  of 
the  amount  originally  paid  for  the  land  without  interest.  Provided, 
however,  that  property  taken  under  the  provisions  of  this  act  by  school 
districts  in  cities  shall  vest  a  fee  simple  title  in  such  school  district. 

Sec.  3. — Restrictions. — When  the  land  is  thus  taken  without  the 
consent  of  the  owner,  it  shall  not  be  more  in  amount  than  one  acre, 
and  all  orchards,  gardens,  public  parks,  shall  not  be  liable  to  be  thus 
taken,  nor  shall  land  be  taken  within  twenty  rods  of  any  residence. 
Provided,  however,  that  the  provisions  of  this  section  shall  not  apply 
to  school  districts  in  cities. 

Sec.  4. — Appeal. — The  owner  of  land  thus  taken  may  appeal  to  the 
district  court,  and  such  appeal  shall  be  taken  within  sixty  days  and 
in  the  same  manner  and  by  the  same  proceedings  as  in  cases  of  con- 
demnation by  a  railroad  company  for  right  of  way,  but  the  school  board 
shall  not  be  liable  for  costs  of  appeal  unless  the  court  grant  greater 
damages  than  the  committee  of  appraisement  gave.  Provided,  however, 
that  in  the  exercise  of  the  right  of  eminent  domain  by  school  districts 
in  cities,  the  owner  of  the  land  thus  taken  shall  have  the  right  to  appeal 
from  the  assessment  of  damages  to  the  district  court  of  the  county  in 
which  such  property  is  situate  within  thirty  days  after  the  assessment 
provided  for  in  this  act  and  in  case  of  such  appeal  the  decision  and 
finding  of  the  district  court  shall  be  transmitted  by  the  clerk  thereof 
duly  certified  to  the  secretary  of  the  board  of  education  of  such  school 
district  to  be  filed  and  recorded  in  his  office;  but  such  appeal  shall  not 
delay  the  appropriation  of  the  property  sought  to  be  taken  and  in  no 
case  shall  said  school  district  be  liable  for  the  cost  on  such  appeal,  unless 
the  owner  of  such  real  estate  shall  be  adjudged  entitled  upon  the  appeal 
to  a  greater  amount  of  damage  than  was  awarded  by  said  free  holders. 
The  remedy  by  appeal  herein  allowed,  shall  be  deemed  and  held  to  be 
exclusive.  Upon  appeal  being  taken  by  any  person  from  any  award 
or  assessment  of  damages,  the  school  district  shall  have  the  right,  by 
giving  five  days'  notice  to  the  person  or  persons  appealing,  to  have  such 
appeal  placed  upon  the  trial  docket  or  calendar  of  the  court  to  which 
such  appeal  may  be  taken,  at  the  head  of  the  list  of  cases  for 
trial,  and  such  appeal  shall  have  priority  and  precedence  in  the  order 
of  trial  thereof  over  civil  actions,  and  the  court  shall  so  arrange  the  call 
of  cases  for  trial  as  to  give  such  appeal  such  priority  and  precedence. 
The  proceedings  on  appeal  to  the  district  court  and  for  review  by  the 


Subdiv.    13.  STATE  NORMAL  SCHOOLS  69 

supreme  court  of  the  proceedings  on  appeal  shall  be  similar  to  the  pro- 
ceedings in  like  cases  under  the  laws  of  the  state  which  shall  apply 
thereto  so  far  as  applicable.  [Amended  1907.] 

Sec  5.— Site  on  school  land. — When  it  is  desired  to  locate  a  school- 
house  site  on  school  land  belonging  to  the  state,  the  state  land  com- 
missioner is  hereby  authorized  to  sell  to  the  district  not  less  than  one 
nor  more  than  four  acres,  and  give  a  deed  to  the  district  in  fee  simple 
in  the  name  of  the  state  as  in  other  cases. 


SUBDIVISION  XIII.— STATE  NORMAL  SCHOOLS. 

Section  1. — Board  of  education. — The  state  normal  school  shall  be 
under  the  direction  of  a  board  of  education,  consisting  of  seven  mem- 
bers, five  of  whom  shall  be  appointed  by  the  governor  for  a  term  of  five 
years  each,  and  the  state  treasurer  and  the  state  superintendent  of  public 
instruction  shall  by  virtue  of  their  office  be  members  of  said  board; 
Provided,  That  the  present  appointed  members  of  the  board  shall  con- 
tinue to  hold  their  several  offices  till  the  limit  of  the  time  for  which  they 
were  appointed.  All  vacancies  occurring  in  the  board  shall  be  filled 
by  appointment  of  the  governor. 

Sec.  2. — Officers. — The  members  of  the  board  of  education  shall 
annually  elect  a  president  and  a  secretary  from  among  their  own  num- 
ber, and  the  state  treasurer  shall  be  treasurer  of  the  board  by  virtue  of 
his  office. 

Sec.  3. — Record  of  secretary — Report. — It  shall  be  the  duty  of  the 
secretary  to  keep  an  exact  and  detailed  account  of  the  doings  of  the 
board,  and  on  the  first  day  of  January  of  each  year  he  shall  transmit 
to  the  governor  a  report  of  all  expenditures  made  during  the  preceding 
years,  vouchers  for  which  shall  be  kept  on  file  in  the  office  of  the  secre- 
tary, and  open  to  the  inspection  of  the  governor,  auditor,  and  members 
of  the  legislature. 

Sec.  4. — Appointment  of  principal,  teachers,  and  employees — Re- 
moval.— The  said  board  shall  have  power  to  appoint  a  principal,  assist- 
ant teachers,  and  such  other  employees  as  may  be  required,  to  fix  their 
compensation  and  prescribe  their  duties.  They  shall  have  power  to 
remove  all  persons  appointed  by  them,  provided  that  the  affirmative 
votes  of  four  members  of  the  board  shall  be  necessary  to  remove  a  prin- 
cipal or  an  assistant  during  the  time  for  which  such  persons  were 
appointed. 

'Sec.  5. — Compensation. — The  board  of  education  shall  receive  no 
compensation  for  their  services,  but  shall  be  reimbursed  actual  expenses 
incurred  in  attending  upon  meetings  of  the  board. 

Sec.  6. — Regular  meetings. — The  board  shall  hold  each  year  two 
regular  meetings,  the  last  week  of  the  spring  term  in  June,  and  the 


70  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.  13. 

last  week  of  the  winter  term  in  December,,  and  such  special  meetings  as 
may  be  found  necessary. 

Sec.  7. — Rules  and  regulations. — The  board  shall  adopt  all  needful 
rules  and  regulations  for  the  careful  preservation  of  the  buildings, 
furniture,  apparatus,  grounds,  timber,  shrubbery,  etc.,  belonging  to  the 
land. 

Sec.  8. — Principal,  chief  executive  officer. — The  principal  shall  be 
the  chief  executive  officer  of  the  school,  and  shall  be  responsible  to  the 
board  for  the  control  and  management  of  the  same.  All  teachers  and 
other  subordinates  in  said  school  shall  be  under  the  direction  of  the 
principal,  subject  to  the  general  regulations  of  the  board. 

Sec.  9. — Morals. — The  board  in  their  regulations,  and  the  principal 
in  his  supervision  and  government  of  the  school,  shall  exercise  a 
watchful  guardianship  over  the  morals  of  the  pupils;  but  no  religious 
or  sectarian  test  shall  be  applied  in  the  selection  of  teachers,  and  none 
shall  be  adopted  in  the  school. 

Sec.  10. — Certificate. — Any  student  of  good  moral  character  having 
completed  the  elementary  course  of  the  state  normal  schools  of  this  state 
shall  be  granted  an  elementary  state  certificate  by  the  board  of  educa- 
tion of  the  state  normal  schools,  which  shall  be  good  for  a  term  of 
not  less  than  one  year  and  not  to  exceed  three  years  from  date  of  is- 
suance, at  the  discretion  of  the  county  superintendent  of  the  county  in 
which  the  holder  of  such  certificate  shall  teach.  Any  student  complet- 
ing the  higher  course  of  study  in  a  satisfactory  manner  shall  be  granted 
by  the  board  of  education  of  the  state  normal  schools  a  diploma  which 
shall  be  recognized  as  a  first  grade  [state]  certificate,  which  shall  entitle 
the  holder  to  teach  in  any  of  the  schools  of  the  state  without  further  exam- 
ination for  the  space  of  three  years.  Any  graduate  of  the  higher  course, 
who  shall,'  after  graduation,  teach  two  annual  terms  of  school  of  not  less 
than  six  months  each,  or  their  equivalent,  and  shall  produce  a  certificate 
of  good  moral  conduct  and  satisfactory  discharge  of  professional  duties 
from  the  board  or  boards  of  directors  of  the  district  or  districts  in 
which  the  applicant  taught,  countersigned  by  the  county  superintendent 
of  the  proper  county  or  counties,  shall  be  granted  by  the  board  of  educa- 
tion of  the  state  normal  schools  an  additional  diploma  which  shall  be 
recognized  as  a  professional  state  certificate  good  for  life.  Provided, 
That  any  teacher  producing  satisfactory  proof  of  three  years'  success- 
ful teaching  previous  to  graduation  in  the  higher  course  of  study  may 
receive  such  diploma  upon  graduation.  Provided,  That  no  life  diploma 
shall  be  in  force  after  its  holder  shall  permit  a  space  of  three  years 
to  lapse  without  following  some  educational  pursuit;  unless -said  diplo- 
ma be  endorsed  by  the  state  superintendent.  Provided,  That  each 
holder  of  a  certificate  from  the  elementary  course,  or  a  diploma  from 
the  higher  course,  shall,  before  he  begins  to  teach,  register  the  same  in 
the  office  of  the  county  superintendent  of  the  county  in  which  he  shall 
teach,  and  for  such  registration  he  shall  pay  a  fee  of  one  dollar,  which 
shall  go  into  the  institute  fund  of  said  county. 


Subdiv.   13.  JUNIOR  NORMAL  SCHOOLS  71 

Sec.  11. — Control  of  funds. — All  funds  appropriated  for  the  use  and 
benefit  of  the  normal  school,  together  with  the  income  arising  from  the 
lease  ancl  sale  of  the  endowment  lands  belonging  to  said  school,  shall 
be  under  the  direction  and  control  of  said  board  of  education,  subject 
to  the  provisions  herein-  contained.  The  treasurer  shall  pay  out  of 
the  proper  funds  all  drafts  for  moneys  to  be  expended  under  the  provi- 
sions of  this  subdivision,  such  orders  or  drafts  to  be  drawn  by  the  auditor 
on  certificates  by  the  secretary,  countersigned  by  the  president  of  the 
board.  No  such  certificates  shall  be  given  except  upon  accounts  audited 
and  allowed  by  the  board  in  open  meeting. 

Sec.  12. — Endowment. — All  the  lands  remaining  unsold  of  the  twenty 
sections  heretofore  appropriated  as  an  endowment  fund  for  the  state 
normal  school,  and  all  the  endowment  fund  hitherto  derived  from  the 
sale  of  such  lands,  shall  be,  and  the  same  is  hereby,  confirmed  as 
such  endowment,  to  be  forever  used  for  this  purpose. 

Sec.  13. — Matriculation  fee. — Students,  when  entering  the  school  for 
the  first  time,  shall  pay  a  matriculation  fee  of  five  dollars.  The  moneys 
thus  received  shall  be  paid  into  the  hands  of  the  state  treasurer,  and 
shall  be  held  as  a  library  fund,  and  the  board  of  education  shall,  from 
time  to  time,  appropriate  the  same  for  the  purchase  of  books  for  the 
normal  school  library. 

Sec.  14. — Dormitory. — All  moneys  received  for  the  use  of  rooms  in 
the  dormitory  shall  be  expended  by  the  board  in  repairs  of  dormitory 
and  the  furniture  of  the  same,  whenever  such  repairs  are  needed. 

Sec.  15. — Purpose. — The  exclusive  purpose  of  this  school  is  the 
training  and  instruction  of  persons,  both  male  and  female,  in  the  art 
of  teaching  and  managing  schools,  and  in  the  principles  and  practice 
of  the  various  branches  of  learning  taught  in  our  public  schools. 

Sec.  16. — Admission  of  pupils. — The  board  shall  make  such  rules  and 
regulations  for  the  admission  of  pupils  to  the  school  as  may  seem  to  be 
best  for  the  interest  of  the  school  and  not  inconsistent  with  the  pur- 
pose for  which  the  school  has  been  established.  No  pupil  shall  be 
.admitted  to  said  school  or  schools  who  does  not  possess  at  least  a  two 
years'  high  school  education,  or  its  equivalent,  as  outlined  in  the 
Nebraska  High  School  Manual  issued  jointly  by  the  University  of  Ne- 
braska and  the  state  superintendent  of  public  instruction.  Provided, 
That  nothing  in  this  act  shall  apply  to  the  Junior  Normals  or  to  the 
attendance  at  the  summer  term  of  the  normals.  [Amended  1907.] 

[Sections  17,  18  and  19,  establishing  a  state  normal  school  at  Kear- 
ney, are  omitted.] 

JUNIOR   NORMAL   SCHOOLS. 

[Amended  1907.] 

Sec.  20. — Establishment. — That  there  be  and  there  hereby  are  es- 
tablished in  the  State  of  Nebraska  not  less  than  five  and  not  more  than 


72  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   13 

eight  junior  normal  schools  at  such  time  and  places  as  are  hereinafter 
designated. 

Sec.  21. — Terms,  time  and  places  of  holding. — The  terms  and  time  of 
holding  said  junior  normal  schools  shall  be  not  less  than  six  nor  more 
than  eight  weeks  between  the  first  day  of  June  and  the  first  day  of 
September  of  each  year.  Three  of  these  junior  normal  schools  shall 
be  established  and  maintained  in  the  public  school  districts  of  Alli- 
ance, McCook  and  Valentine,  and  at  not  more  than  five  other  places  to  be 
determined  by  the  state  superintendent  of  public  instruction.  In  case 
epidemic  sickness  or  the  destruction  of  the  school  house  shall  render 
it  impracticable  in  any  one  year  to  hold  a  junior  normal  school  in 
any  place  where  such  school  is  established,  the  state  superintendent  of 
public  instruction  may  locate  it  elsewhere  for  that  year.  At  each 
place  where  a  junior  normal  school  is  established  the  public  school 
buildings,  textbooks  and  apparatus  of  the  public  school  district  shall 
be  placed  at  the  service  of  the  state,  without  cost,  under  the  jurisdic- 
tion of  the  state  superintendent  of  public  instruction.  In  each  county 
where  a  junior  normal  school  is  established  not  less  than  three-fourths 
of  the  entire  institute  fund  shall  be  used  by  the  state  superintendent 
of  public  instruction  toward  defraying  the  expenses  of  such  junior 
normal  schools.  No  junior  normal  school  shall  be  established  in  any 
county  where  the  amount  appropriated  for  the  county  institute  fund  by 
the  county  board  is  less  than  one  hundred  ($100)  dollars  each  year.  In 
each  county  where  a  junior  normal  school  is  located  the  county  superin- 
tendent of  such  county  shall  designate  one  week  of  the  junior  normal 
school  as  the  institute  week  in  and  for  his  county.  Any  county  super- 
intendent in  a  neighboring  county  to  that  in  which  a  junior  normal  school 
is  located  may  designate  one  week  of  the  junior  normal  school  as  the 
institute  week  for  his  county. 

Sec.  22. — Organization  and  management. — The  organization  and 
management  of  said  junior  normal  schools  shall  be  under  the  jurisdic- 
tion of  the  state  superintendent  of  public  instruction,  and  he  shall  select 
the  principals  and  the  instructors  for  said  schools,  and  shall  make  and 
complete  all  other  arrangements  for  the  successful  operation  of  said 
schools. 

Sec.  23. — Course  of  study,  credit. — The  course  of  study  pursued  at 
said  junior  normal  schools  shall  be  the  elementary  course  of  the  regularly 
prescribed  courses  of  study  for  the  state  normal  schools.  Any  student 
in  regular  attendance  and  pursuing  and  completing  any  of  said  studies 
in  a  satisfactory  manner  shall  be  granted  a  certificate  to  that  effect 
signed  by  the  principal  of  the  junior  normal  school  and  the  state  super- 
tendent,  which  certificate  shall  entitle  the  holder  to  proper  credit  at  the 
state  normal  schools  and  at  all  schools  authorized  by  law  to  grant 
teachers'  certificates.  Any  student  in  regular  attendance  at  any  junior 
normal  school  and  pursuing  and  completing  the  prescribed  elementary 
course  of  study  of  the  state  normal  schools  in  a  satisfactory  manner 
shall  be  granted  by  the  board  of  education  of  the  state  normal  schools 


Subdiv.   13.  NORMAL  TRAINING  IN  HIGH  SCHOOLS  73 

an  elementary  state  certificate  of  the  same  tenor  and  effect  as  the  cer- 
tificate to  teach  issued  to  graduates  from  the  elementary  course  of 
the  state  normal  schools. 

NORMAL    TRAINING    IN    HIGH    SCHOOLS. 

[Approved  April  10,  1907.] 

Section  24. — Purpose. — For  the  purpose  of  giving  teachers  an  oppor- 
tunity to  meet  the  requirements  in  normal  training  as  provided  in  sec- 
tions 5548g  and  5548h,  chapter  79,  Compiled  Statutes  of  Nebraska  for 
1905,  provision  is  hereby  made  for  such  training  in  the  high  schools  of 
Nebraksa. 

Sec.  25. — State  superintendent  designates  high  schools. — The  state 
superintendent  of  public  instruction  shall  designate  the  high  schools  in 
which  such  instruction  shall  be  given,  distributing  them  among  the 
sixty-seven  representative  districts  of  the  state,  as  nearly  as  well  may  be, 
having  reference  to  the  number  of  representatives  in  each,  and  to  the 
location  and  character  of  the  high  schools  selected. 

Sec.  26. — Admission — Regulations — The  state  superintendent  shall 
prescribe  the  conditions  of  admission  to  the  normal  training  classes, 
the  course  of  instruction,  and  the  rules  and  regulations  under  which  such 
instruction  shall  be  given. 

Sec.  27. — Requirements  governing  approval  of  high  schools  for  nor- 
mal training. — In  approving  a  high  school  for  normal  training  as  con- 
templated in  this  act,  the  state  superintendent  shall  be  governed  by  the 
following  general  requirements: 

1.  A  high  school  in  order  to  be  approved  for  normal  training  must 
ge  a  'school  accredited  to  the  University  of  Nebraska. 

2.  At  least  two  teachers  exclusive  of  the  city  superintendent  shall 
give  their  entire  time  to  instruction  in  high  school  branches. 

3.  Normal   training  as  provided   in  this  act  shall   be  given   in  the 
eleventh   and   twelfth  grades.     Credit  for   such   training   shall   be   given 
upon   the   completion   of   the   prescribed   course    in   normal    training   and 
the  regular  high  school  course  of  study. 

4.  The  course  in  normal  training  shall  be  elective,  and  shall  con- 
sist of  the  three   following  lines  of  study: 

(a)  A  review  for  at  least  nine  weeks  in  each  of  the  following  sub- 
jects— reading,    grammar,   arithmetic,    and   geography — to    be   given   not 
earlier  than  the  tenth  grade.     This  work  snail  include   subject  matter, 
underlying  principles   and  methods   of   teaching,   and   should   enable   the 
student  to  approach  the  subject  from  the  standpoint  of  teacher  as  well 
as  that  of  student.    It  shall  be  given  by  well-trained,  experienced  teachers. 

(b)  A  study  of  American  history  for  at  least  one  semester  in  the 
eleventh   or   twelfth   grade. 

(c)  At  least  seventy-two  periods  of  professional  training  to  include 
a  study  of  methods,  school  management,  observation,  work,  etc.,  etc.,  to 
be  given  in  the  senior  year  by  the  city  superintendent  of  schools  or  by  a 


iOHOOL  LAWS  OF  NEBRASKA  Subdiv.    13. 

-e  high  school  faculty  recommended  by  him  and  approved 
by  the     .dte  superintendent  of  public  instruction. 

5.  Schools  offering  this  course  shall  have  a  reference  library  of  at 
least  three  volumes  on  each  of  the  following  fields  of  professional  study 
— history    of   education,    principles    of    education,    methods,    and    special 
training  in  industrial  education,  including  agriculture. 

6.  In  case   elementary  agriculture  is  not  in  the  regular  course  of 
study  it  shall  be  required  in  the  course  in  normal  training. 

7.  Every   high   school   approved   for  normal  training  shall   instruct 
a  class  of  not  less  than  ten,  and  every  scholar  admitted  to  such  class 
shall  continue  under  instruction  not  less  than  eighteen  weeks  in  order 
to  be  counted  in  such  class. 

Sec.  28. — Amount  of  state  aid. — The  sum  of  seven  hundred  ($700.00) 
dollars  for  the  biennium  shall  be  Dald  from  the  appropriation  provided 
herein  to  each  school  district  in  which  a  class  of  not  less  than  ten  is 
organized  and  instructed  in  accordance  with  the  provisions  of  this  act. 

Sec.  29. — Expenses  of  inspection. — The  appropriation  provided  by 
this  act  for  instruction  in  high  schools  of  scholars  in  the  science  and  prac- 
tice of  common  school  teaching  stall  be  deemed  to  include  and  shall  in- 
clude due  inspection  and  supervision  of  such  instruction  by  the  state  su- 
perintendent of  public  instruction  and  the  expenses  of  such  inspection 
and  supervision  shall  be  paid  out  of  said  appropriation  on  vouchers  cer- 
tified by  the  state  superintendent. 

Sec.  30. — Payment — Secretary  of  board — Warrants. — The  secretary 
of  the  board  of  education  of  ea<ih  school  district  .meeting  the  require- 
ments for  normal  training  as  herein  provided  shall  on  or  before  the  last 
Monday  in  June  of  each  year  make  a  report,  under  oath,  to  the  state  su- 
perintendent of  public  instruction  showing  how  many  scholars  have  met 
the  minimum  requirements  for  normal  training  as  contemplated  by  this 
act.  The  state  superintendent  shall  on  or  before  the  second  Monday  in 
July  of  each  year  apportion  the  money  earned  to  each  school  that  has 
fully  complied  with  the  requirements  of  this  act.  It  shall  be  the  duty  of 
the  state  superintendent  to  certify  the  apportionment  for  the  several 
school  districts  of  the  state  to  the  state  auditor,  who  shall  draw  warrants 
on  the  state  treasurer  in  favor  of  the  secretary  of  the  board  of  education 
of  the  various  school  districts  for  the  sums  so  specified  by  the  state  su- 
perintendent of  public  instruction.  It  shall  be  the  duty  of  the  state  treas- 
urer to  redeem  each  warrant  drawn  on  him  by  the  state  auditor  and  to  re- 
mit the  same  to  the  secretary  of  the  board  of  education  of  the  proper 
school  district. 

Sec.  31. — Appropriation. — That  there  be  and  there  hereby  is  appro- 
priated out  of  any  moneys  in  the  state  treasury  not  otherwise  appropri- 
ated the  sum  of  fifty  thousand  ($50,000)  dollars  for  the  purpose  of  estab- 
lishing and  maintaining  normal  training  in  high  schools  for  the  biennium 
ending  March  31,  1909. 


Subdiv.  14.  SCHOOLS  IN  CITIES  75 


SUBDIVISION  XIV.— SCHOOLS  IN  CITIES. 

Section  1. — General  control.— That  the  territory  embraced  within 
the  corporate  limits  of  each  incorporated  city  in  the  state  of  Nebraska, 
or  those  hereafter  incorporated  as  such  (together  with  such  additional 
territory  and  additions  to  said  city  as  may  be  added  thereto),  as  de- 
clared by  ordinance  to  be  the  boundaries  of  such  city,  having  a  popula- 
tion of  more  than  fifteen  hundred  (1500)  inhabitants,  including  such  ad- 
jacent territory  as  now  is,  or  hereafter  may  be  attached  for  school  pur- 
poses, shall  constitute  one  school  district,  and  be  known  by  the  name  of 
"The  school  district  of  (name  of  city),  in  the  county  of  (name  of  county), 
in  the  state  of  Nebraska,"  and  as  such,  in  that  name,  shall  be  a  body 
corporate  and  possess  all  the  usual  powers  of  a  corporation  for  public 
purposes,  and  in  that  name  and  style  may  sue  and  be  sued,  purchase, 
hold,  and  sell  such  personal  and  real  estate,  and  control  such  obligations 
as  are  authorized  by  law,  and  the  title  to  all  school  buildings  or  other 
property,  real  or  personal,  owned  by  any  school  district  within  the  cor- 
porate limits  of  any  city,  shall  upon  .the  organization  of  the  district  under 
the  provisions  of  this  subdivision,  vest  immediately  in  the  new  district; 
and  the  board  of  education,  by  this  subdivision  provided,  shall  have  ex- 
clusive control  of  the  same  for  all  purposes  herein  contemplated;  Pro- 
vided/That any  territory  not  included  within  the  corporate  limits  of  any 
city,  and  containing  territory  or  a  number  of  children  sufficient  to  con- 
stitute a  school  district  under  the  provisions  of  this  chapter,  may,  by  pe- 
tition signed  by  at  least  a  majority  of  the  legal  voters  of  such  territory, 
and  a  majority  of  the  board  of  education  of  such  city,  be,  by  the  county 
superintendent,  erected  into  a  separate  district  under  the  conditions  im- 
posed by  this  chapter. 

Sec.  2.— Free  schools. — That  all  schools  organized  within  the  limits 
of  said  cities  shall  be  under  the  direction  and  control  of  the  boards  of 
education  authorized  by  this  subdivision.  Such  schools  shall  be  free 
to  all  children  between  the  ages  of  five  and  twenty-one  years,  whose 
parents  or  guardians  live  within  the  limits  of  said  district,  and  all  child- 
ren of  school  age  non-residents  of  said  district  who  are  or  may  be  by 
law  allowed  to  attend  said  school  without  charge. 

Sec.  3.— Board  of  education —The  boards  of  education  contemplated 
by  this  subdivision  shall  consist  of  six  members  who  shall  be  elected 
upon  a  general  ticket  from  among  tie  legal  voters  who  -are  tax  payers  at 
the  time  for  holding  the  general  city  election  in  each  year.  At  the  first 
election  in  cities  organized  under  this  act  two  members  shall  be  elected 
for  the  term  of  three  years,  two  for  two  years,  and  two  for  one  year,  and 
annually  thereafter  two  members  shall  be  elected  for  three  years  and 

Id  S?2C<  1'     Consolidation  of  district;    payment  of  debts.     15  Neb.,   4.     Cited  10 
See  sections  5-8,  subdivision  6. 
For   schools  in  metropolitan   cities   see   post,    subdivision   17. 


76  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.  14. 

until  their  successors  are  elected  and  qualified  and  installed  in  office. 
Provided,  That  in  cities  of  the  first  class  having  a  population  of  less 
than  forty  thousand  and  more  than  five  thousand  inhabitants  the  board 
of  education  shall  at  the  option  of  the  school  district  consist  of  nine  mem- 
bers who  shall  be  qualified  electors  of  said  city,  and  shall  be  actual  tax 
payers,  who  shall  be  elected  at  the  times,  and  hold  their  offices  for  the 
terms  hereinafter  prescribed,  to-wit:  At  the  first  annual  city  election 
held  after  organizing  under  this  act,  three  members  shall  be  elected  for 
the  term  of  three  years,  three  for  two  years,  and  three  for  one  year,  and 
annually  thereafter  their  successors  shall  be  chosen  for  the  term  of 
three  years,  and  all  members  so  elected  shall  serve  until  their  successors 
are  duly  elected  and  qualified. 

Provided  further  That  in  cities  of  the  first  class,  having  a  population 
of  more  than  forty  thousand  and  less  than  a  hundred  thousand,  the  board 
of  education  shall  consist  of  six  members  who  shall  be  elected  in  manner 
following:  At  the  general  city  election  to  be  held  in  the  year  1905,  and 
every  six  years  thereafter,  there  shall  be  elected  two  members  of  said 
board  of  education  for  a  term  of  six  years.  At  the  general  city  election 
to  be  held  in  the  year  1907,  and  every  six  years  thereafter,  there  shall  be 
elected  two  members  of  said  board  of  education  for  a  term  of  six  years. 
At  the  general  city  election  to  be  held  in  the  year  1909,  and  every  six 
years  thereafter,  there  shall  be  elected  two  members  of  said  board  of  edu- 
cation for  a  'term  of  six  years. 

Provided,  That  incumbents  in  office  whose  terms  expire  subsequent  to 
the  general  city  'election  of  said  city  for  the  year  1905,  shall  be  privileged 
to  continue  in  office  until  their  successors  are  elected  and  qualified  as 
herein  provided;  those  whose  terms  shall  first  expire  shall  be  super- 
seded by  those  first  elected  under  the  provisions  of  this  act.  Said  mem- 
bers of  the  board  of  'education  shall  enter  upon  the  duties  of  their  office 
on  the  first  Tuesday  succeeding  their  election.  In  event  of  a  vacancy 
among  the  members  of  said  board  of  education,  said  vacancy  shall  be 
filled  by  nomination  by  the  mayor  and  confirmation  by  the  city  council, 
and  such  appointment  shall  continue  for  the  unexpired  term. 

Sec.  4. — Election — That  the  ballots  for  the  election  of  members  of 
the  board  of  education,  for  authorizing  the  issuance  of  bonds,  or  the  pur- 
chase of  sites  and  erection  of  buildings,  shall  in  all  cases  be  deposited 
in  boxes  especially  prepared  for  that  purpose,  and  be  received,  and  re- 
turns made  by  the  regular  election  board;  but  the  returns  for  the  elec- 
tion of  members  shall  be  canvassed  in  the  same  manner  as  provided  for 
in  the  case  of  city  officers;  the  returns  for  the  issuance  of  bonds,  pur- 
chase of  sites,  and  'erection  of  buildings  shall  be  made  to  and  canvassed 
by  the  board  of  education. 

Sec.  5. — Oath  of  office. — That  all  persons  elected  as  members  of 
boards  of  education  shall,  on  or  before  the  first  Monday  of  the  month 
following  their  election,  take  and  subscribe  the  usual  oath  of  office.  In 
case  any  person  elected  shall  fail  so  to  do,  his  election  shall  be  void,  and 


Subdiv.   14.  SCHOOLS  IN  CITIES  77 

the  vacancy  thereby  occasioned  shall  be  filled  by  the  board  as  herein- 
after provided. 

Sec.  6. — Meetings. — That  the  regular  meetings  of  the  boards  of  edu- 
cation shall  be  held  upon  the  first  Monday  of  each  month;  but  special 
meetings  may  be  held  from  time  to  time,  as  circumstances  may  demand, 
and  all  meetings  of  the  board  shall  be  open  to  the  public,  unless  other- 
wise specially  ordered. 

Sec.  7. — Officers — Rules. — That  the  boards  of  education  shall  have 
power  to  select  their  own  officers  and  make  their  own  rules  and  regu- 
lations subject  to  the  provisions  of  this  subdivision  and  of  this  act;  but 
no  member  of  the  board,  except  the  secretary,  shall  accept  or  receive  any 
compensation  for  services  performed  in  discharging  the  duties  of  his 
office. 

Sec.  8. — Election  of  officers. — The  term  of  members  elected  shall  be- 
gin with  the  first  Monday  in  May  succeeding  their  election  each  year, 
and  the  members  of  the  board  shall  thereupon  elect  a  president  and  vice- 
president  from  their  own  number,  and  a  secretary  either  from  'their  own 
number  or  outside,  in  the  discretion  of  the  board,  and  they  shall  determine 
the  salary  of  such  secretary  not  to  exceed,  however,  $720.00  per  annum, 
provided  that  the  limitation  of  salary  shall  not  apply  to  school  districts 
comprising  territory  within  the  corporate  limits  of  cities  of  the  first  class 
having  a  population  of  more  than  40,000  and  less  than  100,000.  Each  of 
said  officers  shall  serve  for  the  term  of  one  year  or  until  their  successors 
are  elected  and  qualified.  They  may  also  elect  at  any  regular  meeting 
one  superintendent  of  public  instruction  with  such  salary  as  the  board 
may  deem  best,  and  they  may  enter  into  contract  with  him  in  accordance 
with  their  discretion,  for  a  term  not  to  exceed  three  years.  The  election 
of  the  officers  of  the  board,  of  the  superintendent  and  teachers,  and  all 
elections  for  filling  vacancies  on  the  board  shall  be  by  ballot,  and  no  per- 
son shall  be  declared  elected  except  he  receive  the  vote  of  a  majority  of 
all  the  members  of  the  board. 

Sec.  9. — President. — That  it  shall  be  the  duty  of  the  president  to 
preside  at  all  meetings  of  the  board,  to  appoint  all  committees  whose 
appointment  is  not  otherwise  provided  for,  and  to  sign  all  warants  ordered 
by  the  board  of  education  to  be  drawn  upon  the  city  treasurer  for  school 
moneys. 

.  Sec.  10. — Vice  president. — That  it  shall  be  the  duty  of  the  vice  presi- 
dent to  perform  all  the  duties  of  the  president  in  case  of  his  absence  or 
disability. 

Sec.  11. — Secretary. — That  it  shall  be  the  duty  of  the  secretary  to 
be  present  at  all  meetings  of  the  board,  to  keep  an  accurate  journal  of  its 
proceedings,  to  take  charge  of  its  books  and  documents,  to  countersign 
all  warrants  for  school  moneys  drawn  upon  the  city  treasurer  by  order  of 
the  board,  to  apply  for  and  receive  school  funds  from  the  county  treasurer, 
or  other  person  to  whom  such  funds  are  payable  by  law,  and  deposit  the 


78  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   14. 

same  with  the  treasurer  of  the  board,  and  to  perform  all  such  other 
clerical  duties  as  the  board  may  require;  and  for  his  services  he  shall  re- 
ceive such  salary  as  the  board  may  deem  adequate. 

Sec.  12. — Secretary's  bond.— That  before  entering  upon  the  discharge 
of  his  duties  the  secretary  of  the  board  shall  give  bonds  in  the  sum  of 
not  less  than  one  thousand  dollars,  to  be  determined  by  the  board  with 
good  and  sufficient  sureties,  and  shall  take  and  subscribe  an  oath  or  af- 
firmation before  a  proper  officer,  that  he  will  suport  the  constitution  of 
the  state  of  Nebraska,  and  faithfully  perform  the  duties  of  his  office. 

Sec*  13. — Treasurer. — That  the  city  treasurer  of  such  city  shall  be 
ex  officio  treasurer  of  the  school  district.  He  shall  attend  all  meetings  of 
the  board  when  required  eo  to  do,  and  he  shall  prepare  and  submit  in 
writing  a  monthly  report  of  the  state  oMts  finances,  and  he  shall  pay 
school  moneys  only  upon  warrants  signed  by  the  president  of  the  board  or, 
in  his  absence,  by  the  vice  president,  and  countersigned  by  the  secretary. 
He  shall  give  a  bond  payable  to  the  county  in  such  sum  as  may  be  fixed 
by  the  board  of  education,  which  bond  shall  be  signed  by  one  or  more 
surety  companies  of  recognized  responsibility,  and  the  cost  of  such  bond 
shall  be  paid  by  the  school  district. 

Sec.  14. — Property  and  funds. — That  within  ten  days  after  the  per- 
manent organization  of  a  board  of  education,  as  provided  for  in  this  sub- 
division, it  shall  be  the  duty  of  all  officers  of  school  districts  within  the 
limits  of  cities  aforesaid  to  deliver  to  the  officers  of  the  board  all  prop- 
erty, funds,  and  papers  entruste4  to  their  care,  for  the  use  of  the  pub- 
lic schools  of  such  cities,  and  all  funds  thus  received  shall  be  immediately 
paid  to  the  treasurer  of  the  board,  and  be  by  him  placed  to  the  credit  of 
the  school  district  provided  by  this  subdivision. 

Sec.  15. — Vacancies,  how  filled. — That  the  boards  of  education  shall 
have  power  to  fill  any  vacancies  which  may  occur  in  their  body  from 
among  the  legal  voters  who  are  tax  payers; 

Provided — Vacancy  filled  by  election. — That  any  vacancy  occurring 
more  than  ten  days  previous  to  the  annual  city  elections,  and  leaving  an 
unexpired  term  of  more  than  one  year,  shall  be  filled  at  the  first  city 
election  thereafter,  and  the  ballots  and  returns  shall  be  designated  as 
follows:  "To  fill  unexpired  term." 

Sec.  16. — Quorum. — That  a  majority  of  all  the  members  of  each  board  of 
education  shall  constitute  a  quorum,  but  a  less  number  in  attendance  at 
any  regular  meting  shall  have,  and  a  quorum  at  any  special  meeting  may 
have,  power  to  compel  the  attendance  of  absent  members,  in  such  a  man- 
ner, and  under  such  penalities  as  such  board  shall  see  fit  to  prescribe; 
and  the  absence  of  any  member  from  four  consecutive  regular  meetings 
of  the  board  unless  on  account  of  sickness  or  consent  of  the  board,  re 
moval  from  the  district,  or  resignation  accepted  by  the  board  shall  va- 
cate his  position  on  the  board,  and  such  vacancy  shall  be  filled  in  accor- 
dance with  the  provisions  of  this  subdivision. 

Sec.  17. — Accounts  audited. — That  all   accounts   shall  be  audited  by 


Subdiv.   14.  SCHOOLS  IN  CITIES  79 

the  secretary,  approved  by  a  committee,  to  be  styled  the  committee  on 
claims,  and  no  expenditure  greater  than  two  hundred  dollars  shall  be 
voted  by  the  board,  except  in  accordance  with  the  provisions  of  a  written 
contract;  nor  shall  any  money  be  appropriated  out  of  the  school  fund, 
except  on  a  recorded  affirmative  vote  of  a  majority  of  all  the  members  of 
the  board,  and  said  accounts  and  the  records  of  said  board  in  cities  of  the 
first  class  shall  at  all  times  be  subject  to  the  inspection  and  examination 
of  the  auditor  of  such  city,  whose  duty  it  shall  be  each  month  to  examine 
said  records  and  check  said  accounts  and  from  time  to  time,  as  may  be 
required  by  ordinance  or  resolution  of  the  city  council,  report  to  said 
council  the  nature  and  state  of  said  accounts,  and  any  facts  that  may  be 
required  concerning  said  records. 

Sec.  18. — Census. — -That  the  boards  of  education  shall  annually  cause 
to  be  taken  an  enumeration  of  all  persons  between  the  ages  of  five  and 
twenty-one  years,  residing  in  the.  district,  who  shall  report  the  same,  to- 
gether with  such  other  information  as  required  by  sections  one  (12)  and 
seventeen  (17)  of  subdivision  IV  of  this  chapter,  to  the  county  superin- 
tendent of  public  instruction,  at  the  time  specified  by  law  for  like  returns 
from  other  districts. 

Sec.  19. — Teachers'  certificates. — That  all  persons  making  applica- 
tions to  boards  of  education  as  teachers  in  graded  and  high  schools 
therein  shall  be  required  to  produce  a  legal  certificate  given  by  some  au- 
thority authorized  to  grant  teachers'  certificates  or  from  an  examining 
committee  appointed  by  the  board.  And  for  such  purpose  the  board  of  ed- 
ucation is  authorized  to  appoint  three  competent  persons,  at  such  times 
as  may  be  deemed  expedient,  who  shall  be  styled  "the  examining  com- 
mittee of  the  board  of  education,"  and  whose  duty  it  shall  be  to  examine 
all  persons  who  may  apply  to  them  as  teachers,  and  teachers  receiving 
such  certificates  setting  forth  that  such  person  is  competent  to  teach  in 
the  public  schools  of  the  city,  and  is  a  person  of  good  moral  character, 
shall  be  entitled  to  all  the  benefits  arising  from  a  certificate  issued  to 
any  teacher  under  the  laws  of  this  state.  Any  certificate  granted  by  such 
committee  may  be  revoked  by  the  board  of  education,  for  any  reason 
which  would  have  justified  the  withholding  thereof  when  the  same  was 
granted,  or  for  gross  negligence  of  duty,  incompetency,  or  immorality. 

Sec.  20. — Contract  with  member  illegal. — It  shall  be  unlawful  for  any 
member  of  the  board  of  education  to  have  any  pecuniary  interest,  either 
directly  or  indirectly,  in  any  contract  for  the  erection  of  schoolhouses, 
or  for  warming,  ventilating,  furnishing,  or  repairing  the  same,  or  to  be 
in  any  manner  connected  with  the  furnishing  of  supplies  for  the  main- 
tenance of  the  schools. 

Sec.  21. — Sale  of  district  property. — No  school  property  of  any  kind 
belonging  to  any  school  district  shall  be  sold  by  the  board  of  education, 
except  (upon  an  order  passed)  at  a  regular  meeting  of  the  same,  and  not 
then  without  an  affirmative  recorded  vote  of  at  least  two-thirds  of  all  the 
members  of  the  board. 


80  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.  14 

Sec.  22.— Payment  of  debts  of  superseded  districts.— Each  of  the 
school  districts  provided  for  in  section  1  of  this  subdivision  shall  have 
the  power,  and  it  shall  be  the  duty  of  the  board  of  education  to  provide 
for  the  payment  of  debts  created  by  school  districts  or  other  school  or- 
ganizations superseded  by  the  districts  herein  provided  for,  when  such 
debts  shall  have  been  incurred  in  the  erection  of  schoolhouses,  or  for 
other  school  purposes;  if  any  portion  of  such  debts  shall  be  in  the  form 
of  bonds,  if  issued  for  a  valuable  consideration,  and  in  accordance  with 
law,  the  validity  of  which  has  not  been  called  in  question,  or  if  called  in 
question  have  been  declared  by  courts  of  last  resort  to  be  valid,  the 
holder  or  holders  thereof,  on  surrendering  the  same  to  said  board,  shall 
have  the  right  to  demand,  and  it  shall  be  the  duty  of  said  board,  in  the 
name  of  the  district  created  by  this  subdivision,  to  cause  to  be  issued 
other  bonds  of  like  amount,  of  the  same  tenor  and  effect  as  to  payment  of 
principal  and  interest  as  the  bonds  surrendered.  This  provision  shall 
also  apply  to  cases  where  only  a  part  of  a  district  shall  be  embraced 
within  the  district  created  by  this  subdivision,  whenever  said  fractional 
part  shall  petition  and  become  a  part  of  said  district,  as  provided  for  in 
section  1  of  this  subdivision. 

Provided — Apportionment  of  indebtedness. — The  latter  shall  assume 
and  pay  only  such  proportion  of  the  debt  of  the  divided  district  as  the  as- 
sessed valuation  of  the  part  taken  therefrom  shall  bear  to  the  assessed 
valuation  of  the  part  remaining.  In  case  of  a  division  of  one  or  more 
school  districts  for  the  purpose  of  forming  one  school  district  within  the 
limits  of  a  city  of  the  first  class,  it  shall  be  the  duty  of  the  county  su- 
perintendent of  public  instruction,  the  president  of  the  board  of  education, 
and  the  director  of  the  school  district,  to  appraise  and  adjust  all  claims 
or  assets  in  such  a  manner  that  each  district  shall  bear  its  proportion  of 
the  indebtedness,  as  heretofore  provided,  and  have  its  proportion  of  the 
assets  of  said  district. 

Sec.  23. — Estimate  of  funds  needed. — That  the  board  of  education 
shall  annually,  during  the  month  of  June,  report  to  the  county  commis- 
sioners an  estimate  of  the  amount  of  funds  required  for  the  support  of 
the  schools  during  the  fiscal  year  next  ensuing,  the  amount  of  funds  re- 
quired for  the  purchase  of  school  sites,  the  erection  of  school  buildings, 
the  payment  of  interest  upon  all  bonds  issued  for  school  purposes,  and 
the  creation  of  a  sinking  fund  for  the  payment  of  such  indebtedness;  and 
the  county  commissioners  are  hereby  authorized  and  required  to  levy  and 
collect  the  necessary  amounts  the  same  as  other  taxes;  a  duplicate  of 
said  certificate  shall  be  filed  by  the  board  with  the  city  council. 

Sec.  24. — Limitation  of  taxation — Bonds. — That  the  aggregate  school 
tax,  exclusive  of  school  bond  taxes,  shall  in  no  one  year  exceed  twenty- 
five  mills.  Provided  that  in  cities  of  the  first  class  having  a  population 
of  more  than  forty  thousand  a  school  tax,  exclusive  of  school  bond  taxes, 


SEC.  23.     Cited  36  Neb.,  263. 


Subdiv.     14.  SCHOOLS  IN  CITIES  81 

may  be  levied  that  will  yield  a  revenue  of  $  150,  000.00  each  year.  But  the 
board  of  education  may  borrow  money  upon  bonds  which  they  are  here- 
by authorized  and  empowered  to  issue,  bearing  a  rate  of  interest  not  to 
exceed  six  per  cent,  per  annum,  payable  annually  or  semi-annualy  at  such 
place  as  may  be  mentioned  upon  the  face  of  the  bonds;  which  loan  shall 
be  paid  and  reimbursed  in  a  period  not  exceeding  thirty  years  from  the 
date  of  said  bonds.  Provided  that  no  bonds  shall  be  issued  nor  the  ques- 
tion of  issue  submitted  to  the  voters  without  the  consent  of  two-third's  of 
the  members  of  the  board  at  education,  and  be  offered  in  the  open  market 
and  sold  to  the  highest  bidder  for  not  less  than  par  value  of  the  dollar; 
and  provided  further,  that  no  bonds  shall  be  issued  by  the  board  of  edu- 
cation without  first  submitting  the  proposition  of  issuing  said  bonds  at 
an  election  called  for  that  purpose,  or  at  any  regular  election,  notice 
whereof  shall  be  given  for  at  least  twenty  days  in  one  or  more  papers 
published  within  the  district  to  the  qualified  voters  of  the  district  and  if 
a  majority  of  the  ballots  cast  at  such  election  shall  be  for  issuing  bonds, 
said  board  may  issue  bonds  in  such  amount  as  may  be  named  in  the 
election  notice.  Provided  that  in  cities  of  the  first  class  having  over 
twenty-five  thousand  inhabitants  if  such  question  is  submitted  at  a  spec- 
ial election,  it  shall  require  to  carry  the  same,  a  two-thirds  majority  of 
the  votes  cast  at  said  election. 

Sec.  25. — Taxes.— That  all  taxes  collected  for  the  benefit  of  the 
public  schools  shall  be  paid  in  money,  and  shall  be  subject  to  the  order 
of  the  board  of  education. 

Sec.  26. — Interest. — That  the  board  of  education  is  hereby  authorized 
and  required  to  provide,  before  the  same  shall  become  due,  for  the  in- 
terest on  all  bonds  issued  by  the  district;  they  shall  also,  immediately 
after  the  expiration  of  one-half  of  the  time  for  which  said  bonds  are 
issued,  proceed  to  set  apart  each  year,  for  a  sinking  fund,  a  requisite 
amount  or  proportion  sufficient  to  pay  the  principal  of  said  bonds  when 
they  shall  become  due.  All  moneys  set  apart  for  said  sinking  fund  shall 
be  invested: 

First — Investment — District  bonds. — In  the  purchase  and  redemp- 
tion of  bonds  of  the  school  district,  which  bonds  shall  be  purchased  in 
open  market,  in  such  manner  as  the  board  of  education  shall  prescribe. 

Second — County  bonds. — In  bonds  of  the  county  in  which  the  city  is 
situated. 

Third — State  bonds. — In  bonds  of  the  state  of  Nebraska. 

Fourth — U.  S.  bonds. — In  U.  S.  bonds. 

Fifth — City  bonds. — In  bonds  of  the  city. 

Sec.  27. — Purchase  of  bonds  before  maturity. — That  if  it  shall  be 
deemed  advisable  by  the  board  of  education  to  purchase  bonds  issued 
under  the  provisions  of  this  chapter,  before  maturity,  the  treasurer 
shall  sell  to  the  highest  bidder,  in  open  market,  and  in  a  manaer  pre- 
scribed by  the  board,  such  bonds  or  securities  as  shall  belong  to  the 


82  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   15. 

school  funds,  and  the  proceeds  thereof  shall  apply  to  purchase    of  bonds 
herein  provided  for. 

Sec.  28. — Control  of  funds. — That  all  moneys  arising  from  any  source 
whatever,  which,  under  any  prior  act  or  acts  of  the  legislature  of  this 
state,  are  payable  to  any  school  fund  of  any  city  of  the  state,  or  any 
moneys  which  are  required  to  be  set  apart  by  the  treasurer  of  any  such 
city  for  the  support  and  maintenance  of  any  school  heretofore  organ- 
ized therein,  under  any  general  or  special  law,  shall,  on  and  after  the 
passage  of  this  subdivision,  be  payable  to  the  treasurer  of  the  board 
of  education,  and  shall  be  used  only  for  the  purpose  specified-  in  this 
subdivision. 


SUBDIVISION    XV.— SCHOOL   DISTRICT   BONDS 

Section  1. — Bonds,  when  issued. — The  district  officers  of  any  school 
district  in  Nebraska  shall  have  power  to  issue  the  bonds  of  the  district. 
for  the  purpose  of  purchasing  a  site  for,  and  erecting  thereon,  a  school- 
house  or  schoolhouses,  and  furnishing  the  same,  in  such  district,  on 
the  terms  and  conditions  set  forth  in  the  succeeding  sections  of  this  act. 

Sec.  2. — Election  to  vote  bonds. — No  bonds  shall  be  issued  until  the 
question  has  been  submitted  to  the  qualified  electors  of  tne  district, 
and  two  thirds  of  all  the  qualified  electors  present  and  voting  on  the  ques- 
tion shall  have  declared  by  their  votes  in  favor  of  issuing  the  same,  at  an 
election  called  for  the  purpose,  upon  a  notice  given  by  the  officers  of 
the  district  at  least  twenty  days  prior  to  such  election. 

Sec.  3. — Petition  for  submission. — No  vote  shall  be  ordered  upon 
the  issuance  of  such  bonds,  unless  a  petition  shall  be  presented  to  the 
district  board,  suggesting  that  a  vote  be  taken  for  or  against  th^  issuing 
of  sudh  amount  of  bonds  as  may  therein  be  asked  for,  to  purchase  a 
site  for,  or  build  a  schoolhouse  or  houses,  or  for  furnishing  the  neces- 
sary furniture  and  apparatus  for  the  same,  or  for  all  of  these  purposes, 
which  petition  shall  be  signed  by  at  least,  one-third  of  the  qualified 
voters  of  such  district;  Provided,  That  the  board  of  education  in  any 
city  of  the  metropolitan  class  may  order  a  vote  upon  the  issuance  of 
such  fronds  without  a  petition  therefor. 

Sec.  4. — Amount  of  bonds. — That  no  such  bonds  shall  be  issued  in 
the  aggregate  amount  to  exceed  five  per  cent  (excepting  in  districts 
having  over  one  hundred  fifty  (150)  school  children  of  the  last  complete 
assessment  of  the  taxable  property  of  the  district,  for  state  and  county 

SUBD,  XV.  See  8  Neb.,  95,  168,  179.  10  Id.,  552.  12  Id.,  259.  13  Id.,  81,  89, 
470.  14  Id.,  381.  Where  several  districts  are  consolidated,  the  new  district  not 
.only  becomes  invested  with  all  property  rights  of  the  former,  but  also  be- 
comes answerable  for  their  debts.  15  Neb.,  3.  16  Id.,  187.  19  Id.,  90.  135.  21  Id.,. 
725.  22  Id.,  700. 

SBC.   3.     "One-third  qualified  voters,"  how  ascertained.     41  Neb.,  593. 


Subdiv.     15.  SCHOOL  DISTRICT  BONDS  83 

purposes;  nor  shall  any  district  issue  bonds  unless  there  are  at  least 
twelve  (12)  children  of  school  age  residing  within  such  district.  [Amended 
1907.] 

Sec.  5. — Amount  of  bonds  limited. — The  amount  of  bonds  shall  in 
no  case  exceed  five  hundred  ($500)  dollars  in  those  districts  having  less 
than  twenty-five  (25)  scholars  and  not  less  than  twelve  (12)  of  school 
age;  and  the  amount  of  bonds  shall  not  exceed  one  thousand  ($1,000) 
dollars  when  the  number  of  the  children  of  school  age  is  twenty-five  (25) 
or  more  and  less  than  fifty  (50);  and  the  amount  of  bonds  shall  not 
exceed  two  thousand  ($2,000)  dollars  when  the  number  of  children 
of  school  age  in  the  district  is  fifty  (50)  or  more  but  less  than  one 
hundred  (100);  and  the  amount  of  bonds  shall  not  exceed  five  thousand 
($5,000)  dollars  when  the  number  of  children  of  school  age  in  the  dis- 
trict is  one  hundred  (100)  or  more  but  less  than  one  hundred  fifty  (150); 
and  in  districts  having  one  hundred  fifty  (150)  or  more  of  children  of 
school  age,  such  amount  as  may  be  agreed  upon  not  to  exceed  ten  per 
cent  of  the  assessed  valuation  of  the  last  completed  assessment.  [Amended 
1907.] 

Sec.  6. — Rate  of  interest. — The  bonds  issued  under  this  subdivision 
shall  draw  such  interest  as  shall  be  agreed  upon,  but  not  to  exceed  six 
per  cent  per  annum.  (Amended  1907). 

Sec.  7. — Description  of  bonds. — The  bonds  shall  specify  on  their  face 
the  date,  amount,  for  what  purpose  issued,  the  time  they  run,  and  the 
rate  of  interest;  shall  be  printed  on  good  paper,  with  coupons  attached 
for  each  year's  or  half  year's  interest,  and  the  amount  of  each  year's  in- 
terest shall  be  placed  in  corresponding  coupons  until  such  bonds  shall 
become  due,  in  a  manner  so  as  to  have  the  last  coupon  fall  due  at  the 
same  time  as  the  bond;  said  bonds  and  coupons  thereto  attached  shall 
be  severally  signed  by  the  director,  moderator,  and  treasurer  of  the 
district  board. 

Sec.  8. — Statement  by  district  officers.— It  shall  be  the  duty  of  the 
proper  officers  of  any  school  district  in  which  any  bonds  may  be  voted 
under  the  authority  of  any  law  of  this  state,  before  the  issuance  of 
such  bonds,  to  make  a  writen  statement  of  all  proceedings  relative  to 
the  vote  upon  the  issuance  of  such  bonds,  and  the  notice  of  the  election, 
manner,  and  time  of  giving  notice,  question  of  submission,  results  of  a 
canvass  of  the  vote  on  the  proposition  on  account  of  which  it  is  pro- 
posed to  issue  such  bonds  together  with  a  full  statement  of  the  assessed 
valuation,  the  number  of  children  of  school  age  residing  in  the  district, 
and  total  bonded  indebtedness  of  the  school  'district  voting  such  bonds. 
Such  statement  shall  be  certified  to  under  oath  by  the  proper  school 
board  of  the  district,  and  be  transmitted  with  the  bonds  proposed  to  be 
issued,  to  the  auditor  of  public  accounts. 

Sec.  9. — Registration  by  auditor. — The  auditor  shall  examine  the 
statement  and  bonds  so  submitted  to  him,  and  if  he  be  satisfied  that 
such  bonds  have  been  voted  in  conformity  to  law,  and  are  in  all  re- 


84  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.  15. 

spects  in  due  form,  he  shall  record  the  statement  and  register  the  bonds 
in  his  office,  and  no  such  bonds  shall  be  issued  or  be  valid  unless  they 
shall  be  so  registered  and  have  endorsed  thereon  a  certificate  of  said 
auditor  and  the  secretary  of  state,  showing  that  such  bonds  are  issued 
pursuant  to  law,  the  data  filed  in  the  office  of  said  auditor  being  the  basis 
of  such  certificate. 

Sec.  10. — Certificate  of  registration. — Upon  the  registration  of  such 
bonds  aforesaid,  the  auditor  of  public  accounts  shall  certify  the  fact  to 
the  county  clerk  of  the  county  in  which  the  district  is  situated,  and  also 
to  the  proper  officers  of  such  school  district,  and  whose  duty  it  shall  be 
to  enter  the  same  upon  the  proper  records  of  such  school  district  and 
taxes  for  the  payment  of  such  bonds  and  the  interest  thereof  shall  be 
levied  in  the  manner  provided  by  section  thirteen  of  this  act. 

Sec.  11. — Non-registry. — If  the  auditor  of  public  accounts  is  not 
satisfied  that  such  bonds  have  [been]  issued  according  to  law,  he  shall 
return  the  same  to  the  proper  officer  with  a  certificate  to  that  effect. 

Sec.  12. — Effect  of  act  on  bonds  heretofore  issued. — Bonds  heretofore 
issued  under  any  of  the  provisions  of  any  law  of  this  state  may  be 
registered  in  the  office  of  the  auditor  of  public  accounts  upon  compliance 
with  the  provisions  of  this  chapter,  but  nothing  herein  contained  shall 
affect  the  validity  of  bonds  heretofore  issued,  and  not  registered  under 
any  law  of  this  state. 

Sec.  13. — Taxation  for  payment. — It  shall  be  the  duty  of  the  board 
of  county  commissioners  in  each  county  to  levy  annually  upon  all  the 
taxable  property  in  each  school  district  in  such  county  a  tax  sufficient 
to  pay  the  interest  accruing  upon  any  bonds  issued  by  such  school  dis- 
trict, and  to  provide  a  sinking  fund  for  the  final  redemption  of  the 
same,  such  levy  to  be  made  with  the  annual  levy  of  the  county,  and  the 
taxes  collected  with  other  taxes,  and  when  collected  shall  be,  and 
remain  in,  the  hands  of  the  county  treasurer  a  specific  fund  for  the  pay- 
ment of  the  interest  upon  such  bonds,  and  for  the  final  payment  of  the 
same  at  maturity.  It  shall  be  the  duty  of  the  county  clerk  to  furnish  a 
copy  of  his  register  to  the  county  treasurer. 

Sec.  14. — School  district  defined. — That  the  phrase  and  expression 
"school  district,"  as  used  in  the  preceding  section  is  hereby  declared  to 
mean,  intend,  and  refer  to  the  school  district  as  it  existed  immediately 
prior  to  and  at  the  time  of  the  issuance  of  any  bonds  by  said  school 
district,  including  all  lands  and  property  and  inhabitants  comprised  and 
contained  in  said  school  district  at  the  time  of  the  issuance  of  any 
bonds,  and  including  all  and  any  portions  of  said  district  subsequently 


SEC.  13.  The  county  commissioners  seem  to  be  required  to  levy  the  neces- 
sary taxes  for  the  payment  of  bonded  indebtedness  of  a  district  without  any 
action  of  the  voters  and  officers  of  the  district. — From  Maxwell's  Practice,  p. 
398.  Cited  22  Neb.,  700. 

SEC.  14.     Cited  19  Neb.,  485.     15  Id.,  1. 


Subdiv.   15.  SCHOOL  DISTRICT  BONDS  '    85 

separated  from  said  district,  whether  by  the  formation  of  a  new  district 
or  by  any  change  of  boundaries  of  said  original  district. 

Sec.  15. — Excess  of  tax  over  payment  due. — Any  money  remaining  in 
the  hands  of  any  treasurer,  after  the  payment  of  interest  due  on  any 
bonds  which  are  a  valid  and  legal  obligation  against  the  school  district 
to  which  such  money  belongs,  and  the  retention  of  a  sufficient  amount 
to  pay  the  accruing  interest  upon  such  bonds  for  the  current  year, 
shall  be  retained  as  a  sinking  fund  for  the  final  redemption  of  such 
bonds,  and  shall  be,  by  the  treasurer,  when  so  ordered  by  the  school 
board,  invested  as  follows,  to-wit:  First,  in  redeeming  bonds  of  the 
school  district  issuing  the  same;  second,  in  registered  bonds  of  the 
county  in  which  the  district  is  situated;  third,  in  the  bonds  of  the  state 
of  Nebraska;  fourth,  in  the  bonds  of  the  United  Stat&s;  Provided,  That 
the  bonds  thus  purchased  shall  in  all  cases  be  purchased  at  the  lowest 
market  price,  after  twenty  days'  notice  by  publication  in  at  least  one 
newspaper  published  and  in  general  circulation  at  the  capital  city  'or 
town  of  the  state;  the  cost  of  which  advertising,  at  legal  rates,  shall  be 
paid  out  of  the  sinking  fund  for  the  redemption  of  such  bonds. 

Sec.  16. — Payment,  where  and  how  made. — When  the  interest  and 
principal,  or  interest  only,  of  such  registered  bonds  are  payable  in  New 
York  City,  or  elsewhere  out  of  the  state,  payment  shall  be  therein  [then] 
made  at  the  place  so  designated  in  such  bond  or  coupon,  or  at  the  com- 
mercial [financial]  agency  of  the  state  for  such  purposes,  and  in  order 
that  the  funds  may  not  be  misapplied,  the  treasurer  shall  procure  a  draft 
for  the  amount,  to  be  transmitted  by  drawing  his  check  on  some  bank 
in  this  state,  and  both  check  and  draft  shall  be  so  endorsed  as  to  show 
upon  what  bond  or  bonds  the  funds  shall  be  applied;  or,  at  the  request 
of  the  party  holding  or  owning  said  bonds,  payment  may  be  made  at 
the  office  of  said  treasurer. 

Sec.  17. — County  treasurer  liable. — The  tax  and  funds  so  collected 
shall  be  deemed  pledged  and  appropriated  to  the  payment  of  the  interest 
and  principal  of  the  registered  bonds  herein  provided  for,  until  fully 
satisfied,  and  the  treasurer  shall  be  liable  on  his  official  bond  for  the  faith- 
ful disbursements  of  all  moneys  so  collected  or  received  by  him.  After 
the  principal  and  interest  of  such  bonds  shall  have  been  fully  paid,  and 
all  obligations  for  which  such  fund  and  taxes  were  raised  have  been 
discharged,  the  county  clerk,  upon  the  order  of  the  county  commissioners, 
shall  notify  the  county  treasurer  to  transfer  all  such  funds  remaining 
in  his  hands  to  the  credit  of  the  district  to  which  they  belong. 

Sec.  18. — Cancellation. — When  any  registered  bond  shall  mature, 
the  same  shall  be  paid  off  by  the  treasurer,  at  the  place  where  the  same 
shall  be  payable,  out  of  any  money  in  his  hands  or  under  his  control  for 
that  purpose,  and  when  so  paid  the  same  shall  be  endorsed  by  the  treas- 
urer on  the  face  thereof,  "Canceled,"  together  with  the  date  of  such 
payment;  and  thereupon  be  filed  with  the  clerk,  who  shall  enter  satisfac- 
tion of  such  bonds  upon  the  records  of  such  school  district.  In  case  said 


86  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   15. 

bonds  are  payable  out  of  the  state,  an  allowance  of  one-fourth  of  one 
per  cent  shall  be  made  to  the  treasurer  for  the  expense  attendant  in 
making  such  payment,  to  be  deducted  from  any  money  in  his  hands 
remaining  after  payment  of  such  matured  bonds. 

Sec.  19. — Acts  repealed. — That  the  act  entitled  'An  act  to  amend 
an  act  entitled  'An  act  to  establish  a  system  of  public  instruction  for 
the  state  of  Nebraska,'"  approved  February  25th,  1875;  and  also  those 
portions  of  the  act  entitled  "An  act  to  provide  for  the  registration  of 
precinct  or  township  and  school  district  bonds,"  in  conflict  with  this 
act,  and  all  other  acts  and  parts  of  acts  inconsistent  with  this  act,  be 
and  the  same  are  hereby  repealed;  Provided,  That  nothing  in  this  act 
shall  affect  in  any  manner  the  validity  of  bonds  heretofore  issued. 

Sec.  20. — Refunding  bonds. — That  any  school  district  in  the  state 
of  Nebraska  which  has  heretofore  voted  and  issued  bonds  to  build,  or 
to  furnish  a  schoolhouse,  or  for  any  other  purpose,  and  which  bonds, 
or  any  part  thereof,  still  remain  unpaid,  and  remain  and  are  a  legal  lia- 
bility against  such  district,  and  bearing  interest,  is  hereby  authorized 
to  issue  coupon  bonds  at  a  rate  of  interest  not  exceeding  six  per  cen- 
tum per  annum,  to  be  substituted  in  place  of,  and  exchanged  for  such 
bonds  heretofore  issued,  whenever  such  school  district  can  effect  such 
substitution  and  exchange  at  a  rate  of  not  to  exceed  dollar  for  dollar. 
Provided,  That  all  bonds  issued  under  the  provisions  of  this  act  must, 
on  their  face,  contain  a  clause  that  the  district  issuing  such  bonds  shall 
have  the  right  to.  redeem  such  bonds  at  the'  expiration  of  five  years 
from  the  date  of  the  issuance  thereof. 

Sec.  21. — New  bonds — Description. — The  new  bond  so  issued  shall 
have  recited  therein  the  object  of  its  issue,  the  title  of  the  act  under 
which  the  issue  was  made,  stating  the  issue  to  be  in  pursuance  thereof, 
and  shall  also  state  the  number,  date,  and  amount  of  the  bond  or  bonds 
for  which  it  is  substituted,  and  such  new  bond  shall  not  be  delivered 
until  the  surrender  of  the  bond  or  bonds  so  designated. 

Sec.  22. — How  issued  and  paid. — The  new  bonds  as  issued  shall  not 
require  a  vote  of  the  people  to  authorize  such  issue,  and  they  shall  be 
paid,  and  the  levy  made  and  tax  collected  .for  their  payment  in  accord- 
ance with  laws  now  governing  the  said  bonds  heretofore  issued. 

Sec.  23. — High  school  redemption  bonds. — That  any  school  district 
in  any  city  of  the  first  class  in  this  state  be  and  is  hereby  authorized 
and  empowered  to  issue  its  coupon  bonds  of  such  denominations  as  the 
board  of  education  of  such  school  district  may  deem  best,  Jind  in  an 
amount  equal  to  the  amount  outstanding  and  unpaid  of  bonds  bearing 
interest  at  the  rate  of  ten  per  cent  per  annum,  heretofore  issued  for  the 
purpose  of  erecting  a  high  school  building  by  such  school  district,  or  by 
any  school  organization  or  board  of  regents  which  siiall  have  been  super- 
seded by  such  school  district. 

Sec.  24. — Condition — Description. — Any  bonds  issued  under  the  pro- 
visions of  this  act  shall  be  for  the  payment,  by  the  school  district  issuing 


Subdiv.   15.  SCHOOL  DISTRICT  BONDS  87 

the  same,  of  the  sum  specified  therein,  made  payable  in  the  city  of  New 
York,  in  not  more  than  twenty  years  nor  less  than  five  years  from  the 
time  they  are  issued,  with  interest  at  a  rate  not  exceeding  seven  per 
cent  per  annum,  payable  semi-annually;  said  bonds  and  coupons  shall 
be  required  [signed],  by  the  president  of  the  board  of  education  and 
countersigned  by  its  secretary;  Provided,  That  such  bonds  may  be 
made  redeemable  at  any  time  after  five  years,  at  the  option  of  th^ 
board  of  education. 

Sec.  25. — Disposition. — It  shall  be  the  duty  of  the  board  of  educa- 
tion of  any  school  district  issuing  bonds  under  the  provisions  of  this  acty 
to  negotiate  such  bonds,  but  for  no  less  than  the  par  value  thereof,  and' 
all  the  proceeds  arising  from  the  sale  thereof  shall  be  paid  to  the  treas' 
urer  of  the  board  of  education,  and  shall  be  applied  solely  to  the  redemp- 
tion and  purchase  of  the  bonds  heretofore  issued  by  such  school  district, 
or  school  organization  superseded  by  it,  for  the  purpose  of  erecting  a 
high  school  building,  and  bearing  interest  at  the  rate  of  ten  per  cent 
per  annum;  Provided,  That  none  of  the  said  bonds  heretofore  issued 
shall  be  redeemed  or  purchased  for  more  than  the  face  value  thereof. 

Sec.  26. — Issuance. — The  bonds  issued  under  the  provisions  of  this 
act  shall  not  require  a  vote  of  the  people  to  authorize  their  issue,  and 
they  shall  be  paid,  and  taxes  shall  be  levied  and  collected  for  their 
payment  in  the  same  manner  as  is  now  provided  by  law  for  the  pay- 
ment of  bonds  heretofore  issued  by  such  school  districts. 

Sec.  27. — Compromising  indebtedness. — That  any  county,  precinct, 
township,  or  town,  city,  village,  or  school  district  is  hereby-  authorized 
and  empowered  to  compromise  its  indebtedness  in  the  manner  herein- 
after provided. 

Sec.  28. — Negotiations. — Whenever  the  county  commissioners  of  any 
county,  the  city  council  of  any  city,  the  board  of  trustees  of  any  village, 
or  school  board  of  any  school  district  shall  be  satisfied  by  petitions  or 
otherwise  that  any  such  county,  precinct,  township,  or  town,  city,  village,  or 
school  district  is  unable  to  pay  in  full  its  indebtedness,  and  two-thirds 
(§)  of  the  resident  taxpayers  of  such  county,  precinct,  township,  or  town, 
city,  village,  or  school  district  shall  by  petition  ask  that  such  county, 
precinct,  township,  town,  city,  or  village,  or  school  district,  compromise 
such  indebtedness,  they  are  hereby  empowered  to  enter  into  negotiations 
with  'the  bolder  or  holders  of  any  such  indebtedness  of  whatever  form, 
scaling,  discounting,  or  compromising  the  same. 


SEC.  27.     Section  32,  chapter  9,  Compiled  Statutes. 

SECS.  27-31.  Act  held  not  .to  empower  a  school  district  to  issue  its  bonds  and 
deliver  them  to  parties  in  compromise,  or  to  take  the  place,  of  an  indebtedness 
evidenced  by  school  district  warrants.  [45  Neb.,  13.] 


88  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   16. 


SUBDIVISION    XVI.— COMPULSORY    EDUCATION. 

Section  1. — Compulsory  attendance  at  public,  private,  or  parochial 
school — Exemption. — In  school  districts  other  than  city  and  metropolitan 
city  school  districts  every  person  having  legal  or  actual  charge  or  con- 
trol of  any  child  or  children  or  youth  not  less  than  seven  nor  more  than 
jfifteen  years  of  age,  shall,  during  each  school  year  between  the  second 
Monday  of  July  and  the  last  Monday  of  June  following,  cause  such  child 
or  children  or  youth  to  attend  the  public  day  schools  for  a  period  of  not 
less  than  twelve  weeks,  and  if  the  public  day  school  of  the  school  dis- 
trict in  which  said  person  or  persons  having  charge  or  control  of  such 
child  or  children  or  youth  may  reside  shall  be  in  session  during  the 
school  year  between  the  second  Monday  of  July  and  the  last  Monday  of 
June  following  more  than  twelve  weeks,  then  the  person  having  legal 
control  of  such  child  or  children  or  youth  shall  cause  each  of  them  to 
attend  such  public  day  school  not  less  than  two-thirds  of  the  entire  time 
that  said  school  shall  be  in  session  during  the  school  year  as  aforesaid; 
and  in  no  case  shall  such  attendance  be  for  a  less  period  than  twelve 
weeks.  In  city  and  metropolitan  city  school  districts  every  person  re- 
siding within  such  school  district  who  has  legal  or  actual  charge  or  con- 
trol of  any  child  or  children  or  youth  not  less  than  seven  nor  more 
than  sixteen  years  of  age  shall  cause  such  child  or  children  or  youth  to 
attend  the  public  day  school  for  the  full  period  each  school  year  in  which 
the  public  day  schools  of  such  school  district  are  in  session.  The  por- 
tion of  this  act  requiring  attendance  in  public  day  school  shall  not  apply 
in  any  case  where  the  child  or  youth  is,  for  a  time  equal  to  that  required 
by  this  act,  instructed  in  some  private  or  parochial  school;  or  in  any  case 
where  the  child  is  instructed  at  home  or  elsewhere  by  a  person  qualified 
to  give  instruction .  in  the  studies  required  to  be  taught  in  the  public 
schools;  or  in  any  case  where  the  child  or  youth,  being  of  the  age  of 
fourteen  years,  is  legally  and  'regularly  employed  for  his  own  support 
or  the  support  of  those  actually  dependent  upon  him;  or  in  any  case 
where  the  child  or  youth  is  physically  or  mentally  incapacitated  for  the 
work  done  in  the  schools;  or  in  any  case  where  the  child  or  youth  lives 
more  than  two  miles  from  the  school  by  the  nearest  practicable  traveled 
road  unless  free  transportation  to  and  from  such  school  is  furnished  to 
such  child  or  youth.  In  case  exemption  is  claimed  on  account  of  mental 
or  physical  incapacity,  the  school  authorities  shall  have  the  right  to  em- 
ploy a  physician  or  physicians  who  shall  have  authority  to  examine  such 
child  or  youth,  and  if  such  physician  or  physicians  shall  declare  that 
such  child  or  youth  is  capable  of  undertaking  the  work  of  the  schools, 
then  such  child  or  youth  shall  not  be  exempt  from  the  requirements  of 
this  act.  In  case  exemption  is  claimed  and  granted  on  account  of  a 
child  or  youth  of  the  age  of  fourteen  years  being  legally  and  regularly 
employed  for  his  own  support  or  the  support  of  those  dependent  upon 
him,  such  child  or  youth  may,  in  the  discretion  of  those  charged  with 


Subdiv.   16.  COMPULSORY  EDUCATION  89 

[the]  enforcement  of  this  act,  be  required  to  attend  a  public  evening 
school  or  some  other  suitable  school  for  not  less  than  two  hours  each 
school  day  and  not  less  than  three  days  each  week  for  a  school  year  of 
not  less  than  twenty  weeks.  All  persons  of  from  seven  to  eighteen 
years  of  age,  who  are  residents  of  this  state,  and  who  by  reason  of 
partial  or  total  blindness  or  deafness  are  unable  to  obtain  an  education 
in  the  public  schools  of  this  state,  shall  under  the  provisions  of  this 
act,  be  required  to  attend  the  Institute  for  the  Blind  or  the  School  for 
the  Deaf,  unless  said  persons  are  being  privately  or  otherwise  educated 
as  in  this  act  prescribed,  or  unless  under  the  provisions  of  chapter  22, 
Compiled  Statutes  of  Nebraska  for  1905,  they  are  not  subjects  for  ad- 
mission to  the  Deaf  and  Dumb  and  Blind  Institute  of  the  state  of  Ne- 
braska. In  case  extemption  is  claimed  on  account  of  attendance  at  a 
private  or  parochial  school,  as  provided  in  this  act,  or  on  account  of  at- 
tendance upon  suitable  instruction  elsewhere  given,  as  provided  in  this 
act,  the  authorities  of  the  private  or  parochial'  school  so  attended,  or 
the  person  or  persons  giving  elsewhere  such  instruction,  shall  keep  a 
record  showing  the  names  and  ages  of  all  children  enrolled,  the  number 
of  the  school  district  and  the  county  of  their  residence,  the  number  of 
days  such  child  or  children  claiming  exemption  were  members  of  such 
school  or  attendants  upon  such  instruction,  the  days  on  which  such 
pupils  were  present  and  the  days  on  which  they  were  absent,  and  the 
authorities  of  such  private  or  parochial  school,  or  the  person  giving  else- 
where such  instruction,  as  well  as  the  authorities  of  all  public  schools 
shall  furnish  at  the  end  of  each  month  of  school  a  report  to  the  county 
superintendent  of  schools,  and  a  duplicate  of  said  report  to  the  director 
or  secretary  of  the  school  district  in  which  such  child  or  children  reside, 
on  blanks  to  be  furnished  or  prescribed  by  the  state  superintendent  of 
public  instruction,  which  report  shall  cover  said  items  of  record  as 
above,  except  that  in  school  districts  organized  under  the  provisions  of 
subdivision  14,  14a,  or  17,  chapter  79,  Compiled  Statutes,  of  Nebraska 
for  1905,  such  report  shall  be  made  to  the  superintendent  of  the  city 
schools  of  such  district.  It  is  hereby  made  the  duty  of  such  county  or 
city  superintendent,  upon  the  receipt  of  the  report  for  the  first  month  of 
school  in  said  district,  and  each  two  weeks  thereafter,  to  compare  such 
reports  with  the  last  census  report  on  file  in  his  office  from  such  dis- 
trict, and  prepare  a  list  of  all  children  or  youth  resident  in  such  district 
who  are  not  receiving  instruction  as  in  this  act  provided,  and  to  trans- 
mit said  list  to  the  officer  or  officers  in  such  district  whose  duty  it  is  to 
enforce  the  provisions  of  this  act.  [Amended  1907.] 

Sec.  2. — Truant  officer — Notice  to  parent — Violation  of  act— Penalty. 
— Boards  of  education  in  cities  and  metropolitan  cities  shall  appoint  one 
or  more  truant  officers,  who  shall  qualify  aff  police  officers;  shall  enforce 
the  provisions  of  this  law  in  the  wards  or  districts  for  which  they  sever- 
ally act;  shall  have  authority  to  apprehend  and  take  to  his  home  or  to 


90          ^  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   16, 

some  public,  private,  or  parochial  school  any  child  found  in  violation  of 
this  act,  and  shall  be  compensated  for  his  or  their  services  in  such  sums 
as  shall  be  determined  by  the  board  of  education,  to  be  paid  out  of  the 
general  school  fund  of  the  city. 

In  all  school  districts  other  than  city  and  metropolitan  city  school 
districts,  any  superintendent,  principal,  teacher,  or  member  of  the  board 
of  education,  who  shall  know  of  any  violation  of  this  act  on  the  part  of 
children  of  school  age,  their  parents,  or  persons  in  actual  or  legal  control 
of  such  children,  shall  as  early  as  possible,  report  such  violation  to  the 
superintendent  of  the  county,  who  shall  immediately  investigate  the  case 
and  give  written  notice  to  the  parties  reported  as  violating  this  act,  and, 
if  in  one  week  from  the  time  of  said  notice  such  parties  are  still  living 
in  violation  of  this  act,  then  the  county  superintendent  shall  appear  in 
the  court  of  the  county  judge,  and  file  his  complaint  against  such  par- 
ties violating  this  law.  The  county  judge  shall  at  once  issue  summons 
against  the  offending  party  or  parties;  such  summons  shall  be  served  by 
the  proper  officers  as  by  law  prescribed;  the  offending  parties  shall  ap- 
pear in  court  under  penalty  for  contempt  and  answer  to  the  charge  whichr 
if  proven  shall  constitute  in  them  a  misdemeanor,  subject  to  a  fine  of  not 
less  than  five  ($5.00)  dollars  nor  more  than  twenty-five  ($25.00)  dollars- 
for  each  such  offense. 

Sec.  3. — Special  schools. — That  boards  of  education  in  cities  mayr 
In  their  discretion,  establish  and  conduct  special  schools  for  the  instruc- 
tion of  children  who  cannot  profitably  or  properly  be  cared  for  in  the 
usual  schools.  Any  child  of  school  age  who  is  habitually  truant  or  in- 
corrigible, or  whose  conduct  and  habits  are  such  that  he  cannot  with  profit 
to  himself  or  in  justice  to  the  other  members  of  the  school  be  retained 
and  instructed  in  the  usual  schools,  may  upon  complaint  of  the  person 
having  legal  or  actual  control  of  -such  child,  or  upon  complaint  of  the 
principal  or  head  of  the  school  where  such  child  is  attending,  or  on  com- 
plaint of  the  truant  officer  be  required  by  the  superintendent  of  the  city 
schools  to  attend  a  special  school  as  provided  for  in  this  'Section,  until 
such  time  as  the  child's  habits  and  conduct  become  such  as  to  make  it 
advisable  and  proper  for  him  to  be  received  again  into  the  usual  school. 
These  special  schools  shall  be  taught  in  such  localities  as  may  be  con- 
sidered proper  and  suitable  by  the  board  of  education;  they  shall  give 
instruction  in  the  branches  required  by  law  to  be  taught  in  the  com- 
mon schools;  they  shall  be  as  good  in  conveniences,  equipment,  and  con- 
dition of  health  as  the  usual  schools  of  the  city  where  they  are  situated 
and  they  shall  be  taught  by  teachers  specially  fitted  by  nature  and  ex- 
perience to  control  and  instruct  wisely  and  successfully  the  special  class 
of  children  to  be  educated  therein. 

Sec.  4. — Enumerators,  duties  of. — That  in  order  that  the  provisions 
of  this  act  may  be  the  better  enforced  it  is  hereby  ordered  that  all 
enumerators  of  persons  of  school  age,  in  taking  the  annual  school  census, 
shall  ascertain  and  record  the  place  and  date  of  birth  of  each  child 


Subdiv.   18.  TEXT  BOOKS  AND  SUPPLIES  91 

enumerated,  together  with  the  school  or  schools  attended,  or  the  place 
or  places  in  which,  or  the  person  or  persons  by  whom  such  child  was 
instructed  during  the  preceding  school  year,  and  the  person  having  con- 
trol of  such  child  shall  take  oath  or  affirmation  that  such  record  is  true. 
The  enumerator  is  hereby  empowered  to  administer  such  oath  or  affirma- 
tion. Any  person  who  shall  refuse  to  take  such  oath  or  affirmation, 
or  who  shall  with  intent  to  evade  any  of  the  provisions  of  this  act,  will- 
fully make  false  statement  concerning  any  child  or  children  under  his 
control  and  subject  to  the  provisions  of  this  act,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction,  shall  be  punished  by  a  fine  of 
not  less  than  one  dollar  and  not  more  than  ten  dollars. 


SUBDIVISION     XVIII.— TEXT-BOOKS    AND    SUPPLIES. 

Section  1. — Purchase  of  books  by  board. — District  school  boards  and 
boards  of  trustees  of  high  school  districts,  and  boards  of  education  in 
cities  of  the  first  and  second  class,  and  in  cities  of  the  metropolitan  class, 
are  hereby  empowered  and  it  is  made  their  duty  to  purchase  all  text 
books  necessary  for  the  schools  of  such  district,  and  they  are  further 
authorized  to  enter  into  contract  as  hereinafter  provided  with  the  pub- 
lishers of  such  books  for  a  term  of  years,  not  to  exceed  five  (5) ;  Provided, 
That  the  contract  prices  of  such  books  shall  not  exceed  the  lowest  price 
then  granted  to  any  dealer,  state,  county,  township,  school  district,  or 
other  individual  or  corporation  in  the  United  States  to  be  determined  as 
hereinafter  provided;  And  Provided  further,  That  such  contract  shall 
guarantee  to  such  districts  any  further  reduction  that  may  be  granted 
elsewhere  during  the  life  of  such  contract. 

Sec.  2. — Bonds  of  publisher. — Before  any  publisher  of  school  books 
shall  be  permitted  to  enter  into  contract  with  any  school  district  under 
the  provisions  of  this  act,  he  shall  file  with  the  state  superintendent  of 
public  instruction,  to  be  approved  by  him,  a  good  and  sufficient  bond  in 
the  sum  of  two  thousand  ($2,000)  to  twenty  thousand  ($20,000)  dollars 
for  the  faithful  performance  of  the  conditions  of  such  contracts,  and  the 
observance  of  the  requirements  of  this  act;  and  such  publisher  shall  also 
file  with  the  state  superintendent  of  public  instruction  a  sworn  statement 
of  the  lowest  prices  for  which  his  series  of  textbooks  are  sold  anywhere 
in  the  United  States;  and  a  failure  to  file  such  bond  and  sworn  state- 
ment of  prices  shall  be  a  good  and  valid  defense  on  the  part  of  the  dis- 
trict against  payment  for  any  books  that  may  be  sold  by  such  publisher 
prior  to  the  date  of  filing  such  bond  and  sworn  statement  of  prices;  and 
all  such  contracts  to  which  such 'publisher  is  a  party  made  subsequent 


SEC.  1.  A  writ  of  mandamus  will  not  issue  where  it  is  not  within  the  power 
of  the  respondents  lawfully  to  comply  therewith,  or  where  it  would  otherwise 
be  unavailing.  46  Neb.,  857.  See  51  Neb.,  91. 


92  SCHOOL  LAWS  OF  NEBRASKA  Subdiv.   18. 

to  the  passage  of  this  act  and  prior  to  filing  such  bond  and  sworn  state- 
ment of  prices  shall  be  null  and  void. 

Sec.  3. — Payment  for  books. — For  the  purpose  of  paying  for  school 
books,  the  school  district  officers  may  draw  an  order  on  the  county  or 
township  treasurer  for  the  amount  of  school  books  ordered. 

Sec.  4. — Same. — The  county  or  township  treasurer  shall  pay  orders, 
drawn  by  school  district  officers,  for  the  purchase  of  school  books,  out  of 
any  funds  in  his  hands  belonging  to  the  district,  except  the  money  re- 
ceived from  that  derived  from  teachers'  funds. 

Sec.  5. — School  book  trusts. — Any  contract  entered  into  under  the 
provisions  of  this  act  with  any  publisher  who  shall  hereafter  become  a 
party  to  any  combination  or  trust  for  the  purpose  of  raising  the  price 
of  school  text-books  shall,  at  the  wish  of  the  school  board  of  the  district 
using  such  books,  become  null  and  void. 

Sec.  6. — Price  lists. — The  state  superintendent  of  public  instruction 
shall,  within  thirty  (30)  days  after  the  filing  of  the  hereinbefore  men- 
tioned sworn  statement  of  prices  of  text-books,  have  the  same  printed 
and  forward  a  sufficient  number  of  certified  copies  of  the  same  to  each  of 
the  county  superintendents  of  the  state  to  furnish  all  the  school  dis- 
tricts of  such  county  with  one  copy  of  each;  and  the  county  superintend- 
ent shall,  immediately  after  receiving  said  certified  copies  of  prices  of 
books,  send  or  deliver  one  of  such  certified  copies  to  the  director  or  sec- 
retary of  each  school  district  or  board  of  education  in  such  county,  to  be 
filed  as  a  part  of  the  records  of  such  district;  and  he  shall  also  file  one 
of  said  certified  copies  of  prices  in  his  office  as  a  part  of  the  records  of 
said  office. 

Sec.  7. — Contract,  form  of. — It  shall  be  the  duty  of  the  state  super- 
intendent of  public  instruction  to  prepare  and  have  printed  a  form  of 
contract  between  district  boards  and  publishers  of  school  books,  and  to 
furnish  the  same,  through  the  county  superintendent,  to  the  several 
district  boards  of  the  state;  and  no  other  form  of  contract  shall  be  used 
by  such  district  boards  and  publishers  in  carrying  out  the  provisions 
of  this  act. 

Sec.  8. — 'Violation  of  contract. — Upon  the  filing  of  a  written  complaint 
with  the  state  superintendent  of  public  instruction  by  the  officers  of  any 
district  board,  charging  any  publisher  with  violating  the  conditions  of 
such  contract  as  hereinbefore  mentioned,  the  attorney  general  is  hereby 
instructed,  and  it  shall  be  his  duty,  to  investigate  the  same,  and  if  he 
finds  probable  cause  for  action  he  shall  immediately  begin  proceedings 
in  the  name  of  the  state  to  enforce  the  liability  on  the  bond  hereinbefore 
mentioned. 


SECS.  3,  4.  By  decision  of  the  attorney  general  the  provisions  of  this  section 
authorizing  the  district  board  to  "draw  an  order  on  the  county  or  township 
treasurer"  in  payment  of  bills  for  books  being  inconsistent  with  another  statute 
is  inoperative.  Such  order  must  be  drawn  on  the  district  treasurer.  See  19 
Neb.,  564. 


Subdiv.   18.  SCHOOL  LIBRARIES  93 

Sec.  9. — Property  in  books. — All  books  purchased  by  district  boards, 
as  hereinbefore  mentioned,  shall  be  held  as  the  property  of  the  district, 
and  loaned  to  pupils  of  the  school  while  pursuing  a  course  of  study  there- 
in free  of  charge;  but  the  district  boards  shall  hold  such  pupils  respon- 
sible for  any  damage  to,  loss  of,  or  failure  to  return  such  books  at  the 
time  and  to  the  person  that  may  be  designated  by  the  board  of  such 
district. 

Sec.  10. —  Supplies. — The  provisions  of  this  act  shall  include  all 
school  supplies;  Provided,  That  nothing  in  this  act  shall  be  construed 
to  prohibit  any  pupil  or  parent  from  purchasing  from  the  board  such 
books  as  may  be  necessary,  at  cost  to  the  district;  Provided  further, 
That  the  board  may  designate  some  local  dealer  to  handle  books  for  the 
district,  with  such  an  increase,  above  contract  price,  to  pay  cost  of 
transportation  and  handling,  as  may  be  agreed  upon  between  said  board 
and  said  dealer. 


SCHOOL  LIBRARIES. 
[Approved  March  2,  1907.] 

Sec.  11. — Funds. — The  school  board  or  school  trustees  of  every  school 
district  within  this  state  shall,  and  it  is  hereby  made  their  duty  to  set 
aside  annually  from  the  general  funds  collected  for  the  use  of  the  dis- 
trict the  sum  of  ten  cents  per  pupil  as  shown  by  the  total  number  of 
pupils  within  the  school  district  at  the  last  annual  school  census.  Said 
amount  so  set  aside  shall  be  known  as  the  district  library  funds,  and 
shall  be  by  the  school  board  or  school  trustees  of  such  district  annually 
invested  in  books  other  than  the  regular  text  books,  which  books  so 
provided  shall  be  suitable  for  the  district  school  library. 

Sec.  12. — Care. — Said  school  boards  or  school  trustees  shall  provide 
for  the  care  of  such  library  at  the  schoolhouse  and  shall  prescribe  the 
rules  and  regulations  under  which  it  shall  be  used  by  the  district 

Sec.  13. — Exemptions. — Provided,  That  by  direction  of  the  school 
board  or  board  of  trustees  of  any  school  district  in  which  a  free  public 
library  is  maintained  and  to  the  support  and  extension  of  which  a  sum 
not  less  than  three  hundred  ($300)  dollars  is  expended  annually,  this  law 
shall  be  inoperative. 


EDUCATION  OF  PAUPER  CHILDREN. 

Sec.  [4636].  —  That  where  children  of  school  age  and  of  sound  mind 
shall  be  confined  in  any  poor  house  of  this  state  it  shall  be  the  duty  of 
the  county  board,  where  the  same  can  be  done,  to  make  arrangements 
with  the  officers  of  the  school  district  wherein  said  poor  house  is  located. 


9.  Text-books,  being  the  property  of  the  district,  are  under  the  care 
of  the  board;  the  board  may  determine  whether  pupils  may  take  books  home 
for  purposes  of  study. 


$4  SCHOOL  LAWS  OF  NEBRASKA 

or  with  some  school  district  adjacent,  to  have  the  children  so  chargeable 
to  the  county  attend  school  at  such  time  and  place,  and  to  have  and 
receive  such  text-books  and  instruction  as  shall  be  provided  for  other 
children  attending  in  said  school  district  or  districts. 

Sec.  [4637]. — Tuition. — It  shall  be  the  duty  of  the  county  board  upon 
the  report  of  the  officers  of  the  school  district  wherein  arrangements 
have  been  made  for  the  education  of  the  children  confined  in  the  poor 
house,  to  draw  a  warrant  on  the  general  fund  of  the  county,  payable  to 
the  treasurer  of  the  said  school  district;  Provided,  however,  The  county 
shall  not  be  liable  for  more  than  its  proportionate  share  of  the  expenses 
for  text-books,  fuel,  and  teachers'  wages. 


PUBLIC  LIBRARY  COMMISSION. 

This  act  creates  a  public  library  commission,  defines  its  duties,  and 
•establishes  traveling  libraries.  The  governor  is  to  appoint  one  person 
for  a  term  of  five  years  whok  with  the  state  librarian,  the  superintendent  of 
public  instruction,  the  chancellor  and  the  librarian  of  the  University  of 
Nebraska,  shall  constitute  the  commission. 


STATE  BOARD  OF  CHARITIES  AND  CORRECTIONS. 

This  act  establishes  a  state  board  of  charities  and  corrections  and 
defines  its  duties  and  powers.  The  governor  of  the  state,  the  commis- 
sioner of  public  lands  and  buildings,  and  the  state  superintendent  of 
public  instruction  constitute  the  board.  The  board  shall  appoint  four 
persons  as  advisory  secretaries  to  co-operate  with  and  assist  them,  not 
more  than  two  of  whom  shall  belong  to  the  same  political  party.  It  is 
the  duty  of  the  board  to  inquire  into  the  whole  system  of  public  charities 
and  the  methods  of  and  practices  in  the  correctional  institutions  in 
the  state  and  counties,  and  to  ascertain  the  condition  thereof  from  time 
to  time  by  inspection  or  otherwise,  especially  of  prisons,  jails,  infirmaries, 
public  hospitals,  asylums,  reformatories  and  industrial  schools,  etc.,  etc. 


FISH  AND   GAME    COMMISSION. 

This  is  an  act  to  protect  fish,  and  game,  song,  insectivorous  and 
other  birds  within  the  state  of  Nebraska;  to  provide  penalties  for  the 
violation  thereof;  and  to  create  a  fish  and  game  commission,  and  to 
^define  its  powers  and  duties. 


CHILD  LABOR  LAW  95 

PENALTY  FOR  ILLEGAL  VOTING. 

This  act  provides  that  any  person  who  shall  vote  in  any  school  dis- 
trict in  this  state  in  which  he  has  not  actually  resided  ten  days,  or 
such  length  of  time  as  required  by  law,  next  preceding  the  election,  or 
into  which  he  shall  have  come  for  temporary  purposes  merely,  shall,  on 
conviction  thereof,  be  fined  in  any  sum  not  less  than  twenty-five  ($25) 
.dollars  or  more  than  one  hundred  ($100)  dollars  or  be  imprisoned  in 
the  jail  of  the  proper  county  not  more  than  six  months. 


CHILD  LABOR  LAW. 
[Approved  March  30,  1907.] 

AN  ACT  to  regulate  the  employment  and  use  of  child  labor,  to  pro- 
vide for  the  enforcement  of  its  provisions,  and  a  penalty  for  its  violation. 
(Sections  2  to  13  omitted.) 

Section  1. — No  child  under  fourteen  years  of  age  shall  be  employed, 
permitted  or  suffered  to  work  in,  or  in  connection  with,  any  theater, 
concert  hall,  or  place  of  amusement,  or  any  place  where  intoxicating 
liquors  are  sold,  or  in  any  mercantile  institution,  store,  office,  hotel, 
laundry,  manufacturing  establishment  bowling-alley,  passenger  or  freight 
•  elevator,  factory  or  workshop/  or  as  a  messenger  or  driver  therefor, 
within  this  state.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion to  employ  any  child  under  fourteen  years  of  age  in  any  business 
or  service  whatever  during  the  hours  when  the  public  schools  of  the 
town,  township,  village  or  city  in  which  the  child  resides  are  in  session. 


PENALTY    FOR    MANUFACTURING,    SELLING    OR    GIVING    AWAY 
CIGARETTES   OR  CIGARETTE   PAPER. 

Section  1.  That  it  shall  be  unlawful  on  and  after  the  date  this  act 
.shall  go  into  effect  to  manufacture,  sell,  give  away,  or  willingly  allow  to  be 
taken,  any-  cigarettes  or  the  material  for  their,  composition  know.i  as 
cigarette  paper  within  the  state  of  Nebraska. 

Sec.  2.  That  any  person,  firm,  association,  or  corporation  in  this 
:State,  violating  the  provisions  of  this  act,  he  or  they  shall  be  guilty  of 
a  misdemeanor  and  shall  upon  conviction  thereof  be  fined  for  each  and 
every  such  offense,  a  sum  not  less  than  $50.00  nor  more  than  $100.00  at 
the  discretion  of  the  court  together  with  costs  of  prosecution. 

Sec.  3.  Any  officer,  director  or  manager  having  in  charge  or  con- 
trol either  separately  or  jointly  with  others  the  business  of  any  corpora- 
tion which  corporation  violates  the  provisions  of  this  act  if  he  have 
knowledge  of  the  same,  shall  be  guilty  and  subject  to  the  penalty  herein 
provided.  (Aproved  April  4,  1905.) 


OFFICIAL   DECISIONS 

OF  THE 

STATE    SUPERINTENDENT 

•* 

OF 

PUBLIC   INSTRUCTION 

ON  THE 

SCHOOL  LAWS  OF  NEBRASKA 

1881-1907 


PREFACE 


These  decisions  comprise  the  principal  rulings  of  the  following  admin- 
istrations: 
State  Superintendents.  Years. 

W.  W.  W.  Jones 1881-1886 

Geo.  B.  Lane 1887-1890 

A.  K.  Goudy  , 1891-1894 

H.  R.  Corbett 1895-1896 

W.  R.  Jackson 1897-1900 

Wm.  K.  Fowler 1901-1905 

J.  L.  McBrien '. 1905-1907 

The  legislature  has  declared  that  the  decisions  of  the  state  superintend- 
ent shall  be  held  to  have  the  force  of  law  until  reversed  by  the  courts. 

"He  (state  superintendent)  shall  decide  disputed  points  in  school  lawt 
and  all  such  decisions  shall  be  held  to  have  the  force  of  law  till  reversed  by 
the  courts. ' '  Section  4,  subdivision  VIII,  chaper  79,  Compiled  Statutes  of 
Nebraska. 

It  is  a  fact  worthy  of  notice  that  the  supreme  court  of  the  state  has 
reversed  only  two  rulings  of  this  department  within  the  last  twenty  year/a 

The  school  laws  referred  to  herein  are  the  School  Laws  of  Nebraska  a& 
revised  and  amended  in  1907,  chapter  79  of  the  Compiled  Statutes  of  Ne- 
braska for  1907,  unless  otherwise  specified. 

One  object  of  this  publication  is  to  give  school  ojfificers  and  teachers  a 
better  understanding  of  the  legal  machinery  governing  matters  of  educa- 
tional interest.  Were  these  questions  properly  understood  and  then  carried 
out  in  accordance  with  the  law,  many  petty  quarrels  and  much  serious 
trouble  which  often  work  a  great  detriment  to  the  schools,  might  be 
averted. 

It  must  be  remembered  that  the  decisions  are  based  upon  the  laws  now 
in  force.  Every  legislature  makes  some  changes  in  the  school  laws. 
Hence,  these  rulings  will  necessarily  be  modified  by  new  laws  enacted  or 
old  ones  amended  or  repealed.  In  cases  where  there  is  no  law  to  govern 
and  no  decision  of  the  court  to  guide,  the  state  superintendent  has  been 
governed  by  the  counsel  of  the  attorney  general  of  Nebraska  and  by  the 
supreme  court  rulings  of  other  states. 

On  questions  of  importance  not  answered  in  the  school  laws  or  in  these 
decisions,  city  and  county  superintendents  should  be  free  to  write  this  de- 
partment. But  let  me  urge  a  careful  study  of  this  edition  of  decisions  on 
the  school  laws,  and  of  the  supreme  court  rulings  cited  therein  before 


100  SCHOOL  LAWS  OF  NEBRASKA. 

writing.     The  supreme  court  of  Nebraska  has  laid  down  the  following  rules 
governing  the  interpretation  and  construction  of  statutes . 

(1. )  In  the  interpretation  and  construction  of  statutes,  ascertainment 
of  the  intention  of  the  legislature  is  the  end  or  purpose  to  be  accomplished. 

(2. )  Where  a  law  is  plain  and  certain  in  its  terms  and  free  from  am- 
biguity and  a  reading  suffices,  no  interpretation  is  needed  or  proper. 

This  department,  with  its  limited  office  force,  is  overburdened  with 
official  correspondence.  The  official  decisions,  important  and  unimportant, 
average  two  hundred  a  month.  Superintendents  who  master  this  edition, 
the  school  laws  and  supreme  court  decisions  on  school  matters,  will  add  to 
their  influence  and  success,  beyond  measure,  as  compared  to  those  who 
neglect  to  qualify  themselves  for  the  legal  duties  of  their  office.  There  are 
weak,  careless,  and  indifferent  superintendents  as  well  as  the  same  kind  of 
teachers.  The  superintendent  who  is  industrious  and  makes  himself  fully 
acquainted  with  the  duties  of  his  office  and  knows  how  to  apply  the  law  of 
common  sense  is  always  a  success.  Do  not  expect  a  specific  ruling  for 
every  phase  of  a  case  that  may  arise.  Apply  the  law  of  common  sense  and 
act, — calmly,  deliberately,  decisively. 

The  state  department  often  finds  it  difficult  to  pass  intelligently  upon 
questions  when  only  one  side  to  a  controversy  has  been  heard.  Therefore, 
in  order  to  insure  harmony  between  the  state  department  and  the  county 
superintendent  and  also  to  aid  these  officers  to  discharge  their  respective 
duties  in  an  impartial  manner,  all  legal  questions  from  patrons,  teachers, 
and  school  officei-s  will  be  referred  to  the  county  superintendent. 

It  is  hoped  that  city  superintendents  and  high  school  principals  as  well 
as  county  superintendents  will  find  these  decisions  a  great  help  to  them  in 
the  discharge  of  their  official  duties.  Those  who  teach  school  law  in  in- 
stitutes will  find  them  valuable  in  the  interpretation  of  our  School  Laws. 

J.  L.  McBRIEN, 
State  Superintendent  of  Public  Instruction, 

Lincoln,  June  1,  1907. 


DECISIONS  WHICH  APPLY  TO  ALL  DISTRICTS 

I.     ALIEN. 

A  legal  voter,  when. — An  alien,  male  or  female,  who  possesses  all  of 
the  qualifications  relative  to  age,  residence  and  ownership  of  property,  or 
having  children  of  school  age,  is  a  Voter.  The  matter  of  being  an  alien 
does  not  enter  into  the  question. 

II.  BIBLE  READING  IN  THE  PUBLIC  SCHOOLS. 
Chief  Justice  Sullivan  asserts  that  the  law  does  not  forbid  the  *use  of 
the  Bible  in  public  schools.  The  point  where  the  courts  may  interfere  is 
where  the  use  of  the  Bible  in  a  public  school  has  degenerated  into  abuse, 
where  a  teacher  instead  of  giving  secular  instruction  has  violated  the  con- 
stitution by  becoming  a  sectarian  propagandist.  The  court  holds  that 
whether  it  is  prudent  or  politic  to  permit  the  reading  of  the  Bible  in  the 
schools  is  a  question  for  the  school  authorities,  but  whether  the  practice  has 
taken  the  form  of  sectarian  instruction  is  a  question  for  the  courts  to  de- 
termine upon  evidence.  Every  alleged  violation  must  be  established  by 
competent  proof. 

IH.     BOARD— POWERS  AND  DUTIES. 

Cannot  borrow  money. — There  is  no  provision  for  authorizing  the  board 
to  borrow  money  for  the  use  of  the  district. 

Discharge  teacher  for  cause. — The  school  board  has  the  right  to  dis- 
.  charge  a  teacher  for  cause,  and  after  such  discharge  the  teacher  has  no 
right  to  continue  the  school,  even  if  the  cause  be  thought  insufficient.  Th* 
only  course  then  open  to  the  teacher  is  an  action  for  damages.  Whether 
the  teacher  could  draw  pay  for  the  full  time  of  the  contract,  would  be  a 
question  to  be  determined  by  process  of  law. 

Expel  pupil  when  welfare  of  school  demands  it. — The  lawempowers  a 
school  board  to  suspend  or  expel  a  pupil  from  school  who  is  guilty  of  gross 
misdemeanors  or  persistent  disobedience,  whenever  in  their  judgment  the 
interests  of  the  school  demand  it;  but  such  suspension  shall  not  extend  be- 
yond the  close  of  the  term.  In  case  of  emergency  the  teacher  may  suspend 
a  pupil  and  refer  his  actions  and  the  reason  therefore  immediately  to  the 
board.  (See  also  IX.  Pupil) 

Reinstatement  of  pupils. — School  boards  are  empowered  to  make  rules 
governing  their  schools.  If  they  see  fit  to  admit  a  pupil  who  has  been  ex- 
pelled they  have  a  perfect  right  to  do  so. 

"An  action  of  mandamus  will  lie  and  may  be  maintained  to  reinstate 
a  pupil  in  a  school,  if  the  action  of  the  officer  or  officers  by  which  the  party 
was  refused  admission  to  or  continuance  in  the  school  was  an.  arbitrary  or 
capricious  exercise  of  authority. ' '  57  Neb. ,  183. 

Relative  authority  of  school  officers  and  parents. — The  school  trustees 
have  authority  to  classify  and  grade  the  scholars  in  the  district  and  cause 


102  SCHOOL  LAWS  OF  NEBRASKA. 

them  to  be  taught  in  such  departments  as  they  may  deem  expedient ;  they 
may  also  prescribe  the  courses  of  study  and  text-books  for  the  use  of  the 
school,  and  such  reasonable  rules  and  regulations  as  they  may  think  need- 
ful. They  may  also  require  prompt  attendance,  respectful  deportment,  and 
diligence  in  study.  The  parent,  however,  has  a  right  to  make  a  reasonable 
selection  from  the  prescribed  courses  of  study  for  his  child  to  pursue,  and 
this  selection  must  be  respected  by  the  trustees,  as  the  right  of  the  parent 
in  that  regard  is  superior  to  that  of  the  trustees  and  the  teacher.  31  Neb., 
552. 

Rent  rooms  for  school  purposes.— It  is  within  the  authority  of  the 
school  board  to  make  temporary  arrangements  for  carrying  on  the  school 
whenever  this  matter  is  neglected  at  the  annual  district  meetings.  The 
school  board  should  rent  a  building  and  pay  for  the  same  out  of"  the  funds 
of  the  district.  It  is  not  only  a  right  but  it  would  be  a  duty  incumbent 
on  the  school  board,  to  so  provide  room  and  teachers  for  the  pupils  of  the 
district. 

Require  teacher  to  show  certificate.— Members  of  the  school  board  have 
a  perfect  right  to  see  the  teacher's  cerificate.  In  fact,  it  is"a  duty  incum- 
bent upon  them  to  satisfy  themselves  that  the  teacher  is  a  legally  qualified 
teacher.  The  certificate  is  the  proper  evidence. 

Right  to  require  excuses  for  absence"  or  tardin  ss.— Our  statutes  con- 
fer upon  the  school  board  the  power  "to  make  such  rules  and  regulations  as 
they  may  think  necessary  for  the  government  of  the  scholars.  "  This  grant 
of  authority  includes  the  right  to  require  excuses  for  absence  and  tardi- 
ness. It  ought  to  be  remembered,  however,  that  very  much  depends  upon 
the  manner  of  enforcement  of  such  a  rule.  A  regulation  harmless  and 
proper  in  itself  might  be  enforced  in  such  away  as  to  render  it  exceedingly 
obnoxious  and  almost  unendurable  to  parents  and  pupils.  If  a  certain  rule 
is  beneficial  to  the  school,  it  ought  not  to  be  difficult  to  convince  parents  of 
its  usefulness ;  for  certainly  no  one  is  more  interested  in  the  welfare  of  the 
school  than  the  parents  who  entrust  their  children  to  its  instruction  and 
discipline.  Attendance  rules  should  be  enforced  with  the  greatest  courtesy 
and  consideration,  and  they  will  encounter  no  serious  opposition  from  the 
parents  for  the  benefit  of  whose  children  they  are  intended 

When  primary  pupils  may  enter. — It  seems  quite  reasonable  that,  after 
the  last  primary  class  -is  once  fairly  started,  no  pupils  should  be  permitted 
to  enter  the  school  unless  they  can  pursue  the  studies  of  some  class  already 
formed  ;  otherwise  the  one  or  two  who  enter  later  will  require,  as  much  time 
and  attention  fiom  the  teacher  as  would  an  entire  class.  As  a  rule,  pupils 
who  are  too  young  to  enter  the  lowest  existing  class  will  lose  very  little  by 
waiting  until  the  beginning  of  the  next  term.  In  fact,  in  most  cases  it 
would  be  better  for  them  to  do  so.  Such  a  regulation  seems,  therefore,  to 
be  proper  and  reasonable  and  within  the  power  of  the  district  board ;  and 
to  secure  the  sympathy  and  co-operation  of  the  people,  it  ought  to  meet 
with  no  resistance. 

IV.     CLOSING  SCHOOL. 

Burning  of  schoolhouse. — If  it  is  a  physical  impossibility  for  the  school 
disrict  board  to  furnish  a  house  in  which  the  school  may  be  taught,  the* 


OFFICIAL  DECISIONS  103 

teacher  could  not  draw  pay  during  the  time  school  is  closed  on  account  of 
the  burning  of  the  schoolhouse.  If  it  is  possible  for  the  board  to  provide 
a  house  in  which  the  school  may  be  taught, the  teacher's  pay  will  continue 
during  the  time  school  is  closed  on  account  of  the  burning  of  the  school- 
house.  It  might  be  well,  however,  for  the  teacher  and  board  to  compromise 
under  such  circumstances. 

Epidemic  disease. — When  a  teacher  is  employed  for  a  definite  time  and 
during  the  period  of  his  employment  the  district  officers  close  the  school  on 
account  of  the  prevalence  of  an  epidemic  disease  in  the  district  and  the 
teacher  continues  ready  to  perform  his  contract,  he  is  entitled  to  full  wages 
during  such  period,  provided  there  is  nothing  in  the  contract  to  the  con- 
trary. According  to  a  recent  decision  of  the  supreme  court  a  teacher  can- 
not collect  pay  on  such  a  contract  when  school  is  closed  by  order  of  the 
board  of  health. 

Holidays. — So  far  as  schools  are  concerned,  the  statutes  of  Nebraska 
make  no  provisions  for  legal  holidays.  A  teacher,  in  the  absence  of  any 
provision  upon  the  matter  in  his  contract,  would  have  no  authority  to  close 
school  upon  the  so-called  holidays,  without  being  legally  required  to  make 
up  the  time  so  lost  to  the  district.  However,  a  disrict  board  has  authority 
to  make  provision  for  closing  school  upon  such  days,  and  in  case  the  board 
directs  that  school  be  closed  upon  any  specified  day,  the  teacher  would  le- 
gally draw  pay  for  such  time. 

Lost  time.— A  teacher  may  make  up  lost  time  by  teaching  on  Saturdays 
only  by  permission  of  the  board. 

When  the  school  is  closed  for  a  few  days  in  order  to  repair  damages 
done  to  the  building  by  a  storm,  the  teacher  is  not  bound  legally  to  make 
up  the  time  so  lost,  providing  he  hold  himself  in  readiness  to  continue  the 
school  during  the  time  school  was  closed  by  order  of  the  board. 

V.     CONTRACTS. 

Equally  binding  on  both  parties.— The  contract  between  the'school 
board  and  a  teacher  is  a  mutual  obligation,  equally  binding  upon  both 
parties.  Neither  party  can  with  impunity  rescind  such  contract;  and 
either  party  violating  the  provisions  of  such  contract  would  be  answerable 
in_damages  to  the  aggrieved  party.  It  requires  a  majority  of  the  board  to 
legally  accept  a  teacher's  resignation. 

Oral.— In  order  to  be  legal  and  binding  upon  the  district,  ij;  is  not 
necessary  that  a  contract  be  in  writing.  If  not  in  writing  its  existence 
must  be  fully  proven.  If  it  can  be  proven  that  a  teacher  was  elected  by 
the  board,  that  he  was  notified  of  such  election  and  clearly  indicated  his 
acceptance  of  it,  the  contract  is  binding  whether  made  out  in  writing  and 
signed  by  all  parties  concerned  or  not.  In  the  absence  of  a  written  con- 
tract the  minutes  of  the  director  or  secretary  of  the  board  would  show  the 
time  for  which  a  teacher  was  elected. 

Teacher  cannot  set  contract  aside  of  her  own  free  will. — In  case  a 
teacher  breaks  a  contract  made  between  herself  and  a  school  district  board, 


104  SCHOOL  LAWS  OF  NEBRASKA. 

the  board  has  a  right  of  action  on  the  original  contract,  and  may  maintain : 
(1)  A  suit  to  obtain  damages  for  the  loss  sustained  by  the  breach;  (2)  a 
suit  to  obtain  specific  performance  of  the  contract  by  the  other  party.  Or, 
if  the  court  were  to  find  it  difficult  to  assess  the  damages,  or  should  fail  to 
enforce  a  specific  performance  because  it  cannot  supervise  or  insure  its  ex- 
ecution, they  could,  by  injunction,  enforce  the  promise  not  to  teach  else- 
where during  the  time  covered  by  the  injunction.  See  Clark  on  Contracts, 
702. 


VI.     FREE  HIGH  SCHOOL  PRIVILEGES. 

(Sections  5  to  Sc.Subd.  G. ) 

County  Superintendent-— The  county  superintendent's  duties   include 
the  following : 

1.  To  receive  from  parents  or  guardians  written  applications  for  free 
high  school  attendance. 

2.  To  make  and  deliver  to  the  director  or  the  secretary  of  the  board 
of  education  of  each  district  affected,  an  itemized  estimate  of  the  amount 
necessary  to  pay  the  tuition  of  all  pupils    in  that  district  entitled  to  and 
for  whom  proper  application  has  been  made  for  free  high  school  education, 
and  the  grade  each  pupil  is  to  enter. 

3.  To  receive  reports  from  school  districts  of  amounts  voted  for  fre* 
high  school  attendance. 

4.  If  a  school  district  fails  to  vote  the  necessary  high  school  tar,   or 
the  district  board  fails  to  make  the  necessary  report  to  the  county  superin- 
tendent, it  becomes  the  duty  of  the  county  superintendent  to  make  and  d«- 
liver  such  report  to  the  county  clerk  whose  duty  it  is  to  make  the  required 
levy  the  same  as  though  the  tax  had  been  voted  at  the  annual  school  du- 
trict  meeting. 

5.  To  see  that  an  approved  course  of  study  is  in  use  in  the  county. 
The  Illinois  Course  of  Study,  published  by  Hammond  &  Stephens  Co. ,  Fre- 
mont, Nebraska,  is  approved  for  the  entire  state  for  all  grades  below  the 
ninth  grade. 

6.  To  make  necessary  regulations  for  county  examinations,  so  that  all 
pupils  desiring  may  be  properly  tested  as  to  their  fitness  to  receive  certifi- 
cates admitting  them  to  free  high  school  attendance. 

7.  To  grant  certificates  to  pupils  entitled  thereto  for  9th,  10th,  llth  and 
12th  grade  work  as  each  case  merits. 

8.  The  graduate  of  a  9th,  10th  or  llth  grade  high  school   who  wishes 
to  attend  another  high  school  which  maintains  one  or  more  grades  higher 
than  the  high  school  in  the  district  of  his  residence,  in  order  to  take  ad- 
vantage of  the  free  high  school  attendance  law,    must  have  a  certificate 
signed  by  the  county  superintendent.      This  certificate  must  state  that  the 
pupil  has  completed  the  course  of  study  for  a  specified  high  school  grade. 
This  '  'course  of  study  for  high  school  grades  shall  be  the  Nebraska  High 
School  Manual  issued  jointly  by  the  University  of  Nebraska  and  the  State 
Superintendent  of  Public  Instruction  or  a  course  of  study  approved  by  the 
State  Superintendent  of  Public  Instruction. ' ' 


OFFICIAL  DECISIONS  105 

9,.  It  becomes  the  duty  of  the  county  superintendent  to  give  such  no- 
tice of  the  requirements  of  the  law  that  teachers,  school  officers  and  patrons 
may  acquaint  themselves  with  the  provisions  of  the  law  and  be  prepared  to 
perform  their  respective  parts  in  meeting  its  requirements. 

10.  The  making  and  announcing  of  regulations  for  the  county  exami- 
nations are  in  the  hands  of  the  couuty  superintendent.  With  the  privileges 
of  free  high  school  attendance  before  him,  the  county  eighth  grade  exami- 
nation now  means  more  to  the  eighth  grade  pupil  than  ever  before.  In 
making  regulations  for  the  county  eighth  grade  examination  the  following 
named  condidtions  should  be  kept  in  mind 

(a)  All  eighth  grade  pupils  in  the  county  should  be  given  a  fair  chance 
to  take  the  examination. 

(b)  The  integrity  of  the  examination  should  be  carefully  guarded, 
otherwise  inefficient  pupils  may  receive  passing  grades  and  be  permitted 
to  enter  the  high  school  to  the  detriment  of  both  themselves  and.  the  high 
school  entered. 

(c)  In  many  rural  schools  some  members  of  the   eighth  grade  class 
must  leave  school  about  April  1st.     An  examination  in  March   or  early 
April  will  accommodate  these  pupils  and  at  the  same  time  allow  other 
pupils  to  take  a  part  of  the  examination,  thus  avoiding  a  part  of  the  rusk 
of  a  single  final  examination  at  the  close  of  the  school  year. 

(d)  In  regular  nine  months  rural  schools  and  in  town  schools, many  of 
the  pupils  will  not  be  fully  prepared  for  examination  in  all  the  subject* 
until  the  close  of  the  school  year.     A  second  examination  held  as  late  in 
May  as  consistent  with  the  grading  of  the  papers  and  getting  reports  to 
pupils  as  early  as  necessary  to  meet  requirements  of  closing  exercises  and 
filing  of  applications  by  parents  for  free  high  school  attendance  for  the  en- 
suing year,  will  accommodate  those  who  need  the  full  time  for  completing 
their  work,  or  such  part  of  it  as  may  not  be  completed  at  the  time  of  the 
first  examination. 

Thus,  the  county  superintendent,  in  this  capacity,  becomes  the  county 
inspector  of  high  schools  for  all  high  schools  of  the  county  which  maintain 
less  than  the  full  four  year  high  school  course.  Before  signing  a  certificate 
for  any  such  high  school  pupil,  he  will  need  to  satify  himself  by  inspection 
and  such  other  means  as  he  may  desire  on  the  following  points : 

(a)  That  the  high  school  course  of  study  includes  the  proper  amount 
and  kind. of  work  for  the  grade  completed. 

(b)  That  efficient  teachers,    proper    apparatus  and    other    necessary 
equipment  have  been  provided. 

(c)  That  the  work  outlined  in  the  course  of  study  has  been   carried 
out,  that  the  pupil  has  done  efficient  work,  and  that  he  has  completed  all 
the  work  in  a  manner  which  entitles  him  to  receive  the  county  certificate. 

This  means  that  some  one,  two  and  three  year  high  school  courses  of 
study  will  have  to  be  revised  before  their  graduates  may  receive  recogni- 
tion for  free  high  school  attendance  at  another  high  school  of  more  grades. 

Each  county  establishes  its  own  percentage  for  passing  grades  in  the 
county  eighth  grade  examination.  A  number  of  counties  require  a  general 
average  of  seventy-five  percent,  with  nothing  below  sixty-five  per  cent. 


106  SCHOOL  LAWS  OF  NEBRASKA. 

The  required  per  cent  depends  a  great  deal  upon  the  marking  of  the  papers 
If  papers  are  marked  closely  the  required  average  grade  should  be  lowe 
than  where  liberality  in  grading  is  practiced.  So  far  as  possible  a  uniforr 
and  impartial  system  of  examination  and  of  grading  a  pupil's  examinatio 
papers  should  be  adopted  and  followed  in  every  county.  A  more  uniforr 
system  for  county  eighth  grade  examinations  for  use  throughout  the  stat 
will  be  published  in  1908. 

The  county  superintendent  who  issues  a  certificate  declaring  that  th 
pupil  has  completed  the  course  of  study  in  the  eighth,  ninth,  tenth  o 
eleventh  grade  is  the  sole  judge  as  to  the  fitness  of  the  pupil  for  the  hig 
school  grade  of  work  he  desires  to  enter.  If  the  county  superintendent  ha 
reason  to  believe  that  the  pupil  has  not  properly  completed  the  grade  c 
work  preceding  the  grade  which  he  makes  application  to  enter  and  for  tha 
reason  is  not  prepared  to  do  the  work  of  the  high  school  grade  he  desire 
to  enter,  then  the  county  superintendent  may  at  his  discretion  require  th 
pupil  to  take  such  examination  as  will  satisfy  him  as  to  the  pupil's  quali 
n'cations  for  the  grade  of  high  school  work  he  desires  to  enter.  Eight 
grade  graduates  of  a  previous  year,  who  have  not  continued  their  hig 
school  education,  but  who  wish  to  do  so,  will  not  be  required  to  take  th 
eighth  grade  examination,  provided  they  have  certificates  from  the  count 
superintendent  showing  that  they  have  completed  the  work  of  the  eight 
grade.  A  system  of  credits  will  be  arranged  and  approved  by  Inspector  A 
A.  Reed  of  tfae  University  of  Nebraska  and  this  department  for  all  hig 
schools  intending  to  maintain  a  one  year  high  school  course  of  study  or 
two  year  high  school  course  of  stud)7  on  such  a  plan  as  to  harmonize  wit 
the  course  of  study  in  high  schools  maintaining  three  or  four  year  courses 
The  county  superintendent  may  at  his  discretion  issue  a  certificate  on  thes 
credits  or  reject  them  and  require  the  pupil  to  take  such  examination  £ 
his  judgment  deems  proper. 

Parents. — The  neglect  of  the  parent  to  discharge  his  duty  means  tt 
loss  of  free  high  school  privileges  for  his  children  for  the  ensuing  yeai 
Section  3  reads :  "The  parent  or  guardian  of  any  pupil  desiring  to  tak 
advantage  of  the  provisions  of  this  act  for  free  high  school  education  sha 
make  application,  in  writing,  to  the  county  superintendent  of  the  prope 
county  on  or  before  the  second  Monday  in  June  of  each  year.  Such  appl: 
cation  must  show  the  number  of  the  public  school  district  in  which  sue 
parent  or  guardian  maintains  his  legal  residence,  the  number  of  pupils  fc 
whom  free  high  school  education  is  desired,  and  the  high  school  grad 
which  each  pupil  is  to  enter. ' ' 

All  the  parent  needs  to  decide  is  that  free  high  school  privileges  ai 
desired  for  the  ensuing  year.  If  proper  application  is  made,  the  parent  c 
guardian  may  later  make  choice  of  place  of  attendance. 

Pupil. — The  purpose  of  this  law  is  to  provide  for  four  years  of  fre 
public  high  school  education  for  all  of  the  youth  of  this  state  whose  parent 
or  guardians  live  in  public  school  districts  which  maintain  less  than  a  for 
year  high  school  course  of  study. 

The  required  conditions  on  the  part  of  the  non-resident  pupil  are : 

(1)     For  entrance  to  the  ninth  grade,  that  the  pupil  must  have  con 


OFFICIAL    DECISIONS  \   10T 

pleted  the  course  of  study  for  the  first  eight  grades.  For  entrance  to  the 
10th,  the  llth,  or  the  12th  grades,  that  the  pupil  must  have  completed  the 
work  of  the  preceding  grade. 

(2)  That  the  pupil  is  unable  to  secure  in  the  district  of  his  residence 
the  high  school  work  for  which  he  is  prepared  and  desires. 

(3)  The  pupil  must  have  a  certificate    signed  by  the  county  superin- 
tendent that  he  has  completed  the  work  of  the  required  grade  and  is  unable 
to  secure  the  work  of  the  desired  grade  in  the  district  of  his  residence. 

He  should  have  it  in  time  to  allow  the  parent  to  make  application  to 
the  county  superintendent  for  free  high  school  attendance. 

A  pupil  is  entitled  to  free  high  school  attendance  only  so  long  as  the 
legal  residence  of  his  parents  or  guardian  is  maintained  in  the  district  of  his 
residence  at  the  time  an  application  for  free  high  school  attendance  was 
made,  and  in  the  district  in  which  the  tax  was  levied  to  pay  for  such  free 
high  school  tuition.  Should  the  parent  or  guardian  remove  to  another 
district  before  the  expiration  of  the  time  for  which  free  high  school  attend- 
ance was  applied  for,  the  district  in  which  a  tax  was  levied  should  then 
cease  to  pay  for  such  pupil.  The  district  is  authorized  to  pay  free  high 
school  tuition  only  for  the  resident  pupils  of  the  district  who  are  entitled  to 
such  free  high  school  privileges.  The  pupil  becomes  a  non-resident  of  the 
district  which  levied  the  tax  for  his  tuition  when  his  parent  or  guardian 
removes  to  another  district.  Such  pupils  will  then  have  no  claim  on  the 
district  which  levied  the  tax  for  free  high  school  tuition. 

Qualifications  for  entrance.— Present  qualifications  govern  the  entrance 
of  the  pupil  for  free  high  school  attendance.  If  the  pupil  holds  a  certifi- 
cate properly  executed  showing  that  he  has  completed  the  work  of  the  first 
eight  grades  he  is  entitled  to  the  benefits  of  the  law.  If  the  pupil  has 
previously  graduated  from  a  9th,  10th  or  llth  grade  high  school  and  now 
wishes  to  continue  at  another  high  school  he  must  first  secure  a  certificate 
from  the  county  superintendent,  which  certificate  shall  state  what  grade  of 
high  school  work  has  been  completed,  and  that  the  pupil  is  unable  to  secure 
the  work  of  the  advanced  grade  in  the  school  district  of  his  residence. 

Subjects  for  eighth  grade  examination. — Agriculture  will  not  be  re- 
quired in  the  eighth  grade  examination.  It  is  recommended  that  no  pupil 
be  grarted  an  eighth  grade  certificate  for  free  high  school  privileges  with- 
out being  able  to  pass  the  examination  before  the  county  superintendent  in 
the  following  subjects:  Reading,  written  arithmetic,  mental  arithmetic, 
geography,  grammar,  U.  S.  history,  English  composition,  spelling  and 
writing. 

Tax. — The  free  high  school  tax  levy  is  entirely  independent  of  the 
maximum  levy  of  twenty-five  mills  for  the  maintenance  of  school,  and  is- 
known  as  the  "Free  High  School  Fund,  "and  as  such  is  to  be  placed  to  the 
credit  of  each  public  school  district  in  which  such  free  high  school  tax  is 
levied.  It  follows,  therefore,  that  a  school  district  voting  twenty-five  mills 
tax  for  maintaining  school  must  vote  in  addition  thereto  the  necessary  tax 
for  payment  of  tuition  of  all  pupils  of  such  district  entitled  to  free  high, 
school  privileges. 


108  SCHOOL  LAWS  OF  NEBRASKA 

Teacher's  duties.— The  teacher  may  do  these  things: 

1.  See  that  pupils  and  interested  patrons  have  a  proper  understanding 
of  the  requirements  of  the  law. 

2.  See  that  pupils  are  properly  applying  themselves  to  an   approved 
course  of  study. 

3.  Become  acquainted  with  all  regulations  made  by  the  county  super- 
intendent  relative   to  county   examinations   and   the   issuance   of   county 
pupil's  certificate. 

4.  See  that  pupils  understand  all  regulations  relative  to  county  exam- 
inations ;  that   they  appear  at  the  proper  time  and  place  for   examination 
and  that  they  take  examinations  in  all  required  subjects. 

5.  See  that  parents  or  guardians  make  proper  application  for  free  high  , 
school  attendance. 

VII.     LICENSE. 

1.  The  minimum  amount  that  must  be  paid  for  running  'a  saloon  in 
the  state  of  Nebraska  is  $500 ;   this  is  license  money  and  must  go  to  the 
school  fund.     Where  more  than  $500  is  paid  for  the  privilege  of  running 
a  saloon,  $500  must  go  into  the  school  fund,    and  the  remaining  amount 
should  go  to  the  school  fund  or  to  the  village  or  city,  depending  upon  the 
purpose  of  the  ordinance. 

2.  Where  money  is  collected  or  paid  as  a  condition  of  obtaining   a  li- 
cense, it  is  license  money,  and  not  a  tax,  under  the  provisions  of  section 
5,  article  8  of  the  constitution.     (61  Neb.,  490. ) 

3.  If  the  purpose  of  the  city  authorities  in  adopting  an  ordinance  was 
to  raise  revenue,  then  the  money  exacted  is  a  tax ;   but,  if  regulation  was 
the  end  and  object  in  view,  the  money  results  from  an  exercise  of  the  police 
power  and  is  license  money.     (63  Neb.,  829. ) 

4.  Whether  money  raised  under  the  provisions  of  a  municipal  ordi- 
nance, requiring  every  person  engaged  in  a  certain  occupation  or  business 
to  pay  a  fixed  sum  annually  into  the  city  treasury,  is  license  money,  with- 
in the  meaning  of  section  5,  article  8  of  the  constitution,  depends  upon  the 
substance  and  purpose  of  the  ordinance  rather  than  upon  its  form.       (63 
Neb.,  829.) 

5.  An  ordinance  having  no  element  of  regulation,  and  showing  on  its 
face  that  the  sole  object  of  the  city  authorities  in  adopting  it  was  to  raise 
revenue,  is  a  tax  ordinance,    notwithstanding  the  payment  of  the  money 
and  obtaining  of  a  license  is  a  condition  precedent  to  engaging  in  the  bus- 
iness.     (63  Neb,.  829.) 

VIII.     PUNISHMENT. 

Corporal.— The  statutes  of  Nebraska  are  silent  as  to  the  right  of  a 
.teacher  to  inflict  corporal  punishment,  and  the  matter  seems  never  to  have 
been  brought  before  our  supreme  court ;  but  the  holdings  of  supreme  courts 
of  other  states  are  quite  uniform  and  positive  in  the  matter,  and  are  in 
substance  as  follows :  A  teacher  in  charge  of  a  school  stands  in  the  place 
of  the  parent  while  the  pupils  are  under  his  or  her  control  and  has  the 
same  right  to  command  and  to  enforce  obedience  which  the  parent  has  in 
the  home.  This  right  includes  the  infliction  of  corporal  punishment  in  a 


OFFICIAL  DECISIONS  109 

reasonable  manner  and  with  the  proper  motive.-  If  it  can  be  shown  that 
the  punishment  was  cruel  or  excessive  or  inflicted  with  malice  on  the  part 
of  the  teacher,  then  such  teacher  is  liable  to  prosecution  and  punishment. 
As  a  matter  of  educational  policy,  there  is  no  question  that  corporal  pun- 
ishment is  to  be  used  only  as  a  last  resort ;  and  our  best  teachers  almost  in- 
variably succeed  in  avoiding  it.  Nevertheless  there  are  cases,  growing 
out  of  unusual  perversity  or  unfortunate  influences  at  home,  which  make 
its  use  advisable  and  sometimes  even  indispensable.  While  the  constant 
aim  of  the  teacher  and  school  board  should  be  to  reduce  the  use  of  this 
method  of  discipline  to  a  minimum,  there  can  be  no  question  as  to  the 
legal  right  of  the  board  to  authorize,  and  of  the  teacher  to  era  ploy,  corporal 
punishment,  under  proper  circumstances,  in  the  proper  manner,  and  with 
the  proper  motive. 


IX.     PUPILS. 

Control  of  pupils  while  off  school  premises.— Let  us  divide  the  ques- 
tion at  issue  into  two  parts :  first,  the  teacher's  authority  over  pupils  on 
the  way  to  and  from  school';  and  second,  his  authority  over  pupils  at  other 
times  and  places  than  in  school,  on  school  grounds,  on  the  way  to  and  from 
school,  or  during  school  hours.  The  laws  of  Nebraska  do  not  touch  di- 
rectly upon  the  matter  of  the  teacher's  authority  over  pupils  on  the  way  to 
and  from  school.  Several  decisions  of  different  supreme  courts,  however, 
seem  to  indicate  that  where  there  is  no  statutory  provision  to  the  contrary, 
the  teacher  may  exercise  a  reasonable  control  o.ver  pupils  on  the  way  to 
and  from  the  school  house  in  all  matters  of  conduct  which  affect  the  inter- 
est and  discipline  of  the  school.  This  authority  must  be  exercised  with 
great  discretion  on  the  part  of  the  teacher,  and  he  will  be  liable  for  any 
flagrant  perversion  or  abuse  of  it.  The  teacher  stands  in  the  place  of  the 
parent  at  school  and  has  the  same  jurisdiction  over  the  conduct  of  the  pupil 
there  that  the  parent  has  at  home.  It  seems  to  be  a  simple  deduction  from 
this  principle  that  the  teacher  has  authority  over  the  pupils  at  all  times 
when  they  are  thrown  together  in  consequence  of  their  attendance  at 
school:  and  it  would  be  very  disastrous  to  school  discipline  if  the  teacher 
were  denied  a  reasonable  control  over  the  actions  of  the  pupils  on  the  way 
to  and  from  the  schoolhouse.  This  right,  therefore,  seems  to  belong  to  the 
teacher  by  implication  without  any  express  statement  of  law  to  that  effect. 

For  acts  committed  in  or  about  the  homes  of  the  pupils,  it  would  avoid 
a  source  of  much  trouble  and  irritation  if  the  teacher  would  consult  with 
the  parents,  reasoning  with  them,  if  they  are  reasonable,  and  parents  us- 
ually are  when  the  facts  are  fairly  stated  and  they  see  that  some  action  is 
necessary  for  the  good  of  their  own  children.  Teachers  should  not  be 
arbitrary  or  dictatorial.  Parents  have  rights  and  are  or  should  be  the 
proper  guardians  of  their  children,  and  responsible  for  their  acts  in  school 
arid  out.  Many  parents  would  prefer  to  punish  their  children  themselves 
for  misconduct  in  school  and  would  do  so  more  severely  than  the  teacher, 
if  applied  to  in  the  proper  spirit. 

Detaining  after  school  hours-  —It  has  long  been  the  ruling  of  this  de- 


110  SCHOOL  LAWS  OF  NEBRASKA. 

partment  that  a  teacher  has  the  legal  right  to  detain  pupils  after  the  reg- 
ular school  hours,  when  circumstances  make  it  necessary. 

Expulsion  and  suspension.— The  statute  empowers  the  school  district 
board  to  suspend  or  expel  pupils  from  the  school,  and  it  also  provides  that 
'  'such  suspension  shall  not  extend  beyond  the  close  of  the  term. ' '  The  expres- 
sion "term"  is  not  defined  in  the  statutes.  In  the  absence  of  any  definition 
on  the  part  of  the  board,  the  word  term  would  naturally  apply  to  the  entire 
period  during  which  school  is  in  session  during  the  school  year.  But  where 
the  school  district  board  has  made  and  adopted  a  series  of  rules  by  which 
the  school  year  is  divided  into  specific  terms,  the  board  would  have  no 
authority  to  suspend  a  pupil  for  a  period  extending  beyond  the  close  of  the 
current  term  as  defined  in  said  rules.  (See  also  III.  Board) 

Female — Majority  at  18.— Under  the  statutes  of  Nebraska  (section  3, 
678  C.  S.,1905),  the  minority  of  a  female  child  ends  at  the  age  of  eighteen 
years.  Where  a  woman  between  eighteen  and  twenty  one  years  of  age 
elects  in  good  faith  to  make  her  residence  in  a  certain  school  district,  and 
does  actually  reside  therein,  she  has  the  right  to  free  school  privileges  in 
said  district. 

Free  school  privileges.— Children  of  school  age  are  entitled  to  free 
school  privileges  only  in  the  district  in  which  their  parents,  or  the  ones 
standing  in  the  relation  of  parents,  or  legal  guardians  make  their  legal 
residence.  To  he  a  legal  guardian  one  must  have  been  so  recognized  by  a 
court  of  proper  jurisdiction,  with  such  guardianship  made  a  matter  of 
record  by  the  court. 

The  supreme  court  has  decided  that :  The  father  of  a  child  of  school 
age,  or  one  standing  in  loco  parentis  to  the  child,  may  maintain  an  action 
to  compel  the  directors  of  a  school  district  to  allow  the  child  to  attend 
school  in  the  district  where  the  child  is  a  bona  fide  resident.  Where  a 
child  of  school  age  is  wrongfully  denied  admission  to  the  public  school  of 
a  district,  an  injunction  may  properly  issue  to  restrain  the  directors  of  a 
school  from  interfering  with  his  attendance.  Commissioners'  Opinion, 
Department  No.  3,  Nebraska  Reports  (Herdman),  Vol  II.,  1901-1902,  pages 
238  242.  The  court  in  expounding  this  ruling  said:  "Where  a  child  with 
the  consent  of  his  parents  goes  to  live  in  the  family  of  another  as  a  member 
of  the  family  and  under  an  agreement  that  that  is  to  be  his  home,  and  that 
he  is  to  be  cared  for  and  provided  with  school  facilities,  he  becomes  a  bona 
fide  resident  of  the  district  where  living,  and  the  person  with  whom  he" 
resides  occupies  the  relation  of  a  parent,  stands  in  loco  parentis,  and  may 
demand  for  him  every  right  to  which  his  own  son  is  entitled. " 

Graduation  does  not  forfeit  school  privileges. — A  person  wrho  grad- 
uates from  the  public  schools  of  Nebraska  does  not  lose  his  privilege  of 
attending  school  by  reason  of  his  graduation.  He  has  a  right  to  continue 
the  same  studies  in  the  same  school  and  will  have  the  same  privileges  as 
the  school  guarantees  to  other  pupils  in  the  matter  of  text-books,  etc.,  pro- 
viding no  separate  classes  are  required  for  his  instruction. 

May  be  excluded  if  exposed  to  contagious  disease. —  A  boy  of  one 
school  district  is  attending  school  in  another  district  and  has  been  exposed 


OFFICIAL  DECISIONS  111 

» 

to  smallpox  ;  he  boards  at  home,  which  is  in  the  first  district ;    his    brothers 
and  sisters  attend  school  in  The  home  district.     Under  these  conditions  it  is 
the  right  and  duty  of  the  district  board  of  the  home  district  to  refuse  ad- 
mittance to  the  brothers  and  sisters  of  the  boy  who  has  been  exposed. 
Punishment  of.— See  punishment. 

X.     RESIDENCE. 

To  acquire  a  domicile  or  residence  in  a  school  district,  two  things  are 
necessary ;  the  fact  of  a  residence  in  a  place,  and  the  intent  to  make  it  a 
home.  A  domicile  or  residence  once  acquired  remains  until  a  new  one  is 
acquired.  Mere  intention  to  remove  without  the  fact  of  removing  will 
not  change  the  domicile ;  nor  will  the  fact  of  removal  without  the  inten- 
tion to  change  the  residence.  A  person  once  established  in  any  place,  the 
presumption  of  residence  continues  unless  rebutted,  and  the  burden  of  proof 
is  upon  the  party  alleging  the  same. 

XI.   SCHOOL  DISTRICTS. 

Annexation  of  unorganized  territory.— The  superintendent  has  discre- 
tionary power  to  annex  to  any  existing  district  any  territory  not  organized 
into  districts,  upon  petitions  signed  by  one-half  of  the  legal  voters  in  the 
said  district  and  in  the  said  territory  proposed  to  be  annexed.  But  where 
there  are  no  petitioners  in  the  unorganized  territory  t  it  is  obvious  that  no 
petition  can  be  presented  to  the  county  superintendent ;  and  therefore  he 
cannot  act  in  the  matter. 

Change  of  boundary — When  must  superintendentact  upon  petition. — 
There  seems  to  be  nothing  in  'the  law  which  would  require  the  county 
superintendent  to  render  his  decision  upon  petition  for  cnange  in  district 
boundaries  at  the  time  said  petition  is  presented.  As  to  how  long  a  time 
he  may  hold  his  decision,  is  a  matter  left  entirely  to  his  discretion. 

Cannot  change  back  to  former  organization.— After  a  school  district 
has  once  been  legally  organized  unoer  subdivision  fi  of  the  School  Laws,  the 
mere  fact  that  the  enumeration  of  pupils  falls  below  150  would  not  of  itself 
destroy  the  organization  as  a  High  school  district.  The  statutes  make  no 
provision  for  changing  a  High  school  district  back  to  a  primary  (common 
school)  district. 

Change  from  high  sch  >ol  to  city  district  organization — The  school 
law  is  rather  indefinite  in  setting  forth  the  steps  necessary  to  change  from 
a  High  school  district  to  the  city  district ;  bat  from  the  latter  part  of  the 
provision  in  serction  3,.  subdivision  14, all  that  is  necessary  is  for  the  mayor 
to  give  public  notice  to  the  electors  of  the  district  of  the  number  of  persons 
who  shall  ba  chosen  by  them  as  members  of  the  bDard  of  education  for  the 
school  district  at  the  ensuing  annual  election  of  city  officers 

XI.  SCIENTIFIC  TEMPERANCE  INSTRUCTION. 

When  and  where  taught. — The  instruction  in  this  subject  is  often 
unwisely  distributed  throughout  the  course,  and  any  change  of  sentiment 
or  opinion  against  the  use  of  alcohol  seems  entirely  disproportionate  to 
the  outlay  of  time  and  effort  that  has  bsen  made.  There  is  frequent 


112  SCHOOL  LAWS  OF  NEBRASKA. 

and  unnecessary  repetition,  and  diminished  interest  and  dislike  of  the 
subject  are  prevalent.  Text-book  instruction  could,  with  profit  to  the 
cause  and  to  the  school,  be  limited  to  the  higher  grammar  grades.  The 
use  of  charts  in  common  schools  showing  morbid  physiological  conditions 
is  generally  condemned. 

XII.  THE  TEACHER. 

Not  an  officer. — (1896.)  The  teacher  in  one  of  the  free  schools  in 
an  ordinary  district  is  not  a  public  officer.  (State,  ex  rel.  Lewellen  v. 
Smith,  49  Neb.,  755,  69  N.  W.,  114.) 

Employment,  rural  district.—  (1882.)  The  statute  specially  author- 
izes the  director  of  a  school  district  to  employ  teachers  either  with  the 
assent  of  the  moderator  and  treasurer,  or  one  of  them,  or  by  tti3ir  di- 
rection if  he  shall  not  concu'r.  A  contract  with  a  teacher,  therefore 
entered  into  on  behalf  of  the  district  !>y  the  director  and  treasurer,  with- 
out the  assent  of,  or  notice  to  the  moderator  is  valid.  (Russel  v.  State,  ex 
rel,  Armour,  13  Neb.,  68,  12  N.  W.,  829.) 

Citations.— Martin  v.  State,  23  Neb.,  384,  36  N.  W.,  554;  Mont- 
gomery v.  State,  35  Neb.,  659,  53  N.  W.,  568;  State  v.  Smith,  57  Neb.,  48, 
77  N.  W.,  384. 

Employment,  high  school  district. — In  a  board  of  six  members  it 
requires  the  affirmative  vote  of  four  members  to  elect  teachers,  fill  va- 
cancies in  the  membership  of  the  board  and  make  any  appropriation  of 
money. 

Discharge  of. —  (1877.)  The  district  school  .board  is  specially  inves- 
ted by  the  statutes  with  the  general  care  and  management  of  the  school 
and  the  employment  of  teachers;  and,  as  an  incident  to  these  powers, 
has  a  right  to  discharge  a  teacher  for  incompetency,  or  for  any  other 
sufficient  cause,  at  the  will  and  pleasure  of  a  majority  of  its  members. 
Maxwell  J.,  dissenting.  (Bays  v.  State,  6  Nfeb.,  167.) 

Citations.— Vallery  y.  State,  42  Neb.,  127.  60  N.  W.,  347;  State  v. 
Smith,  49  Neb.,  759,  69  N.  W.,  114;  Wallace  v.  School  Dist,  50  Neb.r 
174,  175,  69.  N.  W.,  772. 

(1877).  The  authority  to  terminate  the  employment  of  a  teacher, 
in  the  absence  of  an  express  provision  on  the  subject,  should  be  held  to- 
reside  with  those  whose  duty  it  is  to  represent  the  district,  and  who  are 
directly  responsible  for  the  successful  management  of  the  school,  viz., 
tke  school  board.  (Bays  v.  State,  6  Neb.,  167.) 

Citation.— Vallery  v.  State,  42  Neb.,  127,  60  N.  W.,  347. 

(1897.)  In  the  absence  of  a  stipulation  in  the  contract  to  the  con- 
trary, under  the  existing  statute,  a  qualified  teacher  cannot  be  dis- 
charged at  the  pleasure  of  the  district,  but  only  where  just  cause  exists 
therefor.  (Wallace  v.  School  Dist.,  50  Neb.,  171,  69  N.  W.,  772.) 

(1897.)  If  a  teacher  duly  employed  in  the  public  schools  for  a  speci- 
fied period  is  dismissed  by  the  school  board  prior  to  the  expiration  of 
the  term  of  employment,  without  being  shown  to  be  incompetent,  or  for 


OFFICIAL  DECISIONS  il3 

other  good  reasons,   the   district  is  liable  therefor.      (Wallace   v.   School 
Dist.,  50  Neb.,  171,  69  N.  W.,  772.) 

Compensation. —  (1882)  A  proper  certificate  of  qualification  is  es- 
sential to  warrant  a  school  board  in  paying  a  teacher  from  the  public 
school  funds.  The  prohibition  of  the  statute,  however,  is  upon  the  dis- 
trict board,  and  not  upon  the  teacher;  and  where  during  a  part  of  a 
term,  the  teacher  was  without  a  certificate,  notwithstanding  which  pay- 
ment for  the  time  was  made,  in  an  action  to  recover  wages  due  for  the 
last  month  of  the  term,  during  all  of  which  the  teacher  had  a  certificate, 
held,  that  the  amount  so  paid  could  not  be  set  off  against  what  was  due 
for  the  last  month.  (School  Dist.  v.  Estes/  13  Neb.,  52,  13  N.  W.,  16.) 

(1882.)  Where  a  school  teacher  is  employed  by  contract  for  a  given 
number  of  months,  and  fails  to  perform  her  duties  during  a  part  of  the 
stipulated  period,  through  no  fault  of  her  own,  but  through  the  fault  of 
the  school  officers,  she  being  at  all  times  able  and  willing  to  perform, 
she  is  entitled  to  the  same  compensation  during  such  part  as  though  she 
had  kept  the  school.  (School  Dist.  v.  Estes,  13  Neb.,  52,  13  N.  W.,  16.) 

(1891.)  In  an  action  against  a  school  district  for  an  alleged  breach 
of  contract  of  employment  the  answer  was  a  general  denial.  There  was 
no  proof  tending  to  show  that  the  defendant  had  not  derived  an  income 
from  other  business  than  that  of  teaching  during  the  eixstence  of  the  al- 
leged contract.  Held,  that  an  instruction  that  "the  plaintiff,  if  lie  is  en- 
titled to  recover  at  all,  will  be  entitled  to  recover  as  damages  the  agreed 
wages  or  salary  for  the  whole  period,  being  one  thousand  dollars  for  the 
school  year,"  was  not  applicable  to  the  testimony.  School  Dist.  v.  Poster, 
31  Neb.,  501,  48  N.  W.,  267.) 

Rules  and  Regulations. —  (1892)  A  rule  which  makes  it  the  duty  of 
a  teacher  to  keep  a  record  of  the  standing  of  each  pupil  in  the  studies 
pursued  by  him,  of  his  attendance  and  deportment,  to  send  each  month 
by  the  pupil  a  written  report  of  the  same  to  his  parent  or  guardian,  and 
which  requires  such  parent  or  guardian  to  sign  and  return  the  same  to 
the  teacher,  is  a  reasonable  one.  (Bourne  v.  State,  ex  rel.  Taylor,  35 
Neb.,  1,  52  N.  W.,  710.) 

Citation.— Jackson  v.  State,  57  Neb.,  188,  77  N.  W.,  662. 

Substitute. — A  teacher  has  no  right  to  place  a  substitute  in  his  school 
without  being  authorized  to  do  so  by  the  district  board.  However,  it 
would  be  within  the  authority  of  the  district  board  to  ratify  such  an  ac- 
tion of  a  teacher  in  case  of  an  emergency,  providing  that  the  substitute 
be  a  legally  qualified  teacher.  A  teacher  under  contract  with  a  district 
could  not  properly  demand  of  the  district  payment  for  the  services  ren- 
dered  by  a  substitute  appointed  by  him  without  authority.  However,  in 
case  the  substitute,  a  legally  qualified  teacher,  were  permitted,  with- 
the  knowledge  of  the  district  board,  to  teach  the  school,  said  substitute 
would  have  a  valid  claim  against  the  district  for  the  value  of  the  ser- 
vices  rendered  by  him. 

Wages  continue,  when. — See  Closing  School. 


114  SCHOOL  LAWS  OF  NEBRASKA 

XIII.  TEXT  BOOKS. 

Funds  for  purchase. — Text-books  may  be  paid  for  out  of  any  funds 
on  hand  belonging  to  the  general  fund,  to  the  incidental  fund,  or  to  a  fund 
especially  provided  for  this  purpose. 

Includes  supplies. — In  passing  upon  the  constitutionality  of  the  free 
text-book  law,  in  discussing  the  word  "supplies"  the  following  language 
Is  used  by  the  judge  rendering  the  decision:  "We  do  not  think  the  term 
'text-books'  should  be  given  a  technical  meaning,  but  that  it  is  compre- 
hensive enough  and  does  include  globes,  maps,  charts,  pens,  ink,  paper, 
etc.,  and  all  other  apparatus  and  appliances  which  are  proper  to  be  used 
In  the  school  in  instructing  the  youth,  and  we  conclude,  therefore,  that  the 
act  under  consideration  is  not  broader  than  its  title,  and  that  the  term 
'school  supplies'  found  in  the  tenth  section  of  the  act  is  not  foreign  to 
the  term  'text-  books'  found  in  the  title  of  the  act,  but  is  germane  to  and 
comprehended  and  included  within  the  term  'text-books.'  " 

Loaning  books. — The  law  provides  that  text-books  shall  be  loaned  to 
pupils  while  pursuing  a  course  of  study  in  the  schools.  It  is  the  duty  of 
the  board  of  education  to  place  books  at  the  disposal  of  pupils  who  need 
to  study  in  the  evenings.  If,  however,  in  the  judgment  of  the  teacher 
and  the  board,  pupils  of  certain  classes  cannot  study  profitably  outside 
of  school  hours,  it  is  proper  to  place  reasonable  restrictions  upon  the  use 
of  books  at  home  by  such  pupils  or  classes.  It  is  not  within  the  authority 
of  the  school  board  to  loan  text-books,  which  are  the  property  of  the  dis- 
trict, to  be  used  in  schools  held  outside  the  district. 

Must  furnish. — Subdivision  18  of  the  School  Laws  is  mandatory,  and 
It  is  not  within  the  authority  of  the  annual  district  meeting  to  vote  not 
to  airnish  text-books;  and  under  this  law  any  patron  of  the  district,  by 
tlUx  proper  legal  proceedings,  could  compel  the  district  board  to  furnish 
his  children,  pupils  in  the  school,  the  necessary  text-books,  notwith- 
standing any  action  or  failure  to  act  on  the  part  of  the  district  meeting. 
Some  patron  of  the  district  should  apply  to  the  district  court  in  behalf 
of  the  district  for  a  writ  of  mandamus  to  compel  the  board  to  furnish 
to  the  children  of  the  district  the  necessary  text-books.  See  the  case  of 
Ambrose  Affholder  et  al.  v.  State  of  Nebraska,  ex  rsl.  Peter  McMullen, 
61  Neb.,  91.  In  this  case,  in  the  district  court  of  Burt  countyj  Peter  Mc- 
Mullen made  application  for  a  peremptory  writ  of  mandamus  to  compel 
Ambrose  Affholder  and  others  constituting  the  school  board  of  district  No. 
58  of  said  county  to  purchase  and  furnish  to  the  children  of  school  age  of 
eaid  district  the  necessary  text-books  in  accordance  with  the  free  text-book 
law.  An  alternative  writ  was  issued,  and  for  a  return  thereto  the  school 
Iboard  interposed  the  defense  that  saitl  act  was  unconstitutional.  The 
writ  was  issued  as  prayed,  and  the  school  board  appealed  the  case  to  the 
supreme  court.  The  supreme  court  sustained  the  district  court.  A  writ 
of  mandamus  will  not  issue  where  it  is  not  within  'the  power  of  the  re- 
spondent lawfullly  to  comply,  or  where  it  would  otherwise  be  unavailing. 
46  Neb.,  857. 


OFFICIAL  DECISIONS  115 

Pupils  responsible  for. — Section  9,  subdivision  IS,  of  the  School  Laws 
provides  that  all  books  purchased  by  the  district  board  shall  be  held  as 
tho  propoi-'V  of  the  district  and  loaned  to  pupils  of  the  school  while  pur- 
sum-?  a  course  of  study  therein,  free  of  charge;  but  the  district  board 
shall  hold  such  pupils  responsible  for  any  damage  to,  loss  of,  or  failure  to 
return  such  books  at  the  time  and  to  the  person  that  may  be  designated 
by  the  board  of  such  district. 


XIV.— TRANSFER. 

Annual  meeting  has  no  power. — The  transfer  of  pupils  provided  for  in 
section  4a,  subdivision  5,  of  the  School  Laws,  is  made  entirely  independent 
of  any  action  of  the  annual  district  meeting  of  either  district  affected.  In 
other  words,  the  annual  district  meeting  has  no  power  to  authorize  or 
prevent  such  transfer. 

Application. — The  application  for  transfer  must  be  made  not  later 
than  the  annual  meeting.  The  county  superintendent  may  notify  the  di- 
rectors a  little  later,  but  the  county  superintendent  should  be  notified  by 
the  applicant  not  later  than  the  annual  meeting  in  order  that  the  transfer 
may  be  legally  made. 

Apportionment. — Children  transferred  to  an  adjoining  district  under 
section  4a,  subdivision  5,  are  included  in  the  census  of  said  adjoining  dia- 
trict  and  their  share  of  the  apportionment  is  paid  to  such  district.  There 
is  no  statutory  provision  authorizing  the  payment  of  a  pupil's  share  of  the 
state  apportionment  to  the  credit  of  any  district  other  than  that  in  which 
said  pupil  is  enumerated. 

Attend  nearest  school. — Pupils  transferred  from  one  district  to  another 
under  section  4a,  subdivision  5,  should  attend  the  nearest  school  of  the 
adjoining  district. 

Cannot  be  re-transferred. — When  a  transfer  has  been  made  under  sec- 
tion 4a,  subdivision  5,  it  becomes  a  matter  of  record.  The  reports  from 
the  two  districts  are  made  up  on  the  basis  of  the  change,  the  school  ap- 
portionment is  made  out  on  that  basis,  the  taxes  of  the  party  have  been 
transferred  and  there  seems  to  be  no  way  by  which  he  may  be  retrana- 
ferred  until  the  next  annual  meeting. 

Cannot  be  transferred  to  a  second  party. — In  case  a  renter,  who  hai 
his  children  and  taxes  transferred  to  an  adjoining  district  under  'section 
4a,  subdivision  5,  removes  from  the  district,  and  another  renter  occupies 
the  residence  vacated  by  the  former,  the  second  renter  would  have  free 
school  privileges  only  in  the  district  of  his  residence. 

Change  of  site. — If  a  transfer  was  made  before  a  change  of  site  was 
ordered  by  the  annual  meeting,  when  the  reasons  for  granting  such  trans- 
fer were  modified  by  such  change  of  site,  such  a  transfer  would  become 
null  and  void. 

Director  cannot   reject  transferred   pupils. — The  law  makes   no  pro- 


116  SCHOOL  LAWS  OF  NEBRASKA 

vision  for  the  director  of  an  adjoining  district  to  reject  pupils  who  are 
transferred  under  the  provisions  of  section  4a,  subdivision  5. 

Measuring  distance. — The  distances  spoken  of  in  section  4a,  subdivi- 
sion 5,  are  to  be  measured  by  the  shortest  route  possible  upon  section 
lines  or  roads  open  to  the  public.  Section  lines  are  not  recognized  as 
roads  within  the  meaning  of  section  4a  until  they  have  been  declared  open 
by  the  county  board.  If  the  section  line  is  not  open  to  the  public,  it  is  not 
to  be  taken  into  account  in  measuring  the  distance. 

Whenever  the  public  generally  is  permitted  to  travel  over  a  certain 
road  without  objection  or  hindrance  by  the  owner  of  the  land,  and  the 
road  is  used  to  some  extent  in  that  way,  such  a  road  is  a  "traveled  road 
open  to  the  public"  within  the  meaning  of  section  4a. 

Railroad  bed  does  not  transfer. — Where  a  tract  of  land  upon  which 
there  is  a  railroad  bed  is  transferred  under  the  provisions  of  section  4a, 
subdivision  5,  school  laws,  the  taxes  accruing  from  such  railroad  bed  do 
not  transfer. 

Renter. — A  renter  is  entitled  to  the  privileges  mentioned  in  section  4a, 
subdivision  5.  The  county  clerk  is  empowered,  and  it  is  made  his  duty, 
to  place  the  school  taxes  (except  for  the  payment  of  existing  bonds  or 
interest  on  the  same)  of  the  said  parents  or  guardians  and  of  the  real 
estate  on  which  they  reside,  not  exceeding  a  quarter  section  of  land,  for 
the  year  next  ensuing  in  the  said  adjoining  district  instead  of  the  district 
of  their  residence.  Note  that  it  is  all  the  taxes  of  said  parents  or  guard- 
ians including  the  taxes  of  the  real  estate  on  which  said  parents  or 
guardians  reside,  notwithstanding  the  fact  that  they  may  be  living  on  land 
which  does  not  belong  to  them. 

Revocation. — The  county  superintendent  would  have  authority  to  re- 
voke i.  transfer  to  a  nearer  school  under  section  4a,  subdivision  5,  if  upon 
investigation  he  finds  the  conditions  do  not  comply  with  the  law.  If  it  is 
granted  upon  misrepresentation,  it  is  his  duty  to  revoke  the  transfer. 

Signatures  to  petition. — In  case  a  party  who  desires  to  be  transferred 
under  section  4a,  subdivision  5,  cannot  secure  signatures  to  his  petition, 
there  seems  to  be  no  way  in  which  the  transfer  can  be  made. 

Voter. — Parents  or  guardians  of  the  pupils  so  transferred  shall  have 
the  right  to  vote  in  the  district  to  which  such  pupils  are  transferred  on  all 
school  matters  except  that  of  issuing  bonds. 

XV.— VACCINATION. 

Compulsory. — There  is  no  express  statute  in  this  state  making  vacci- 
nation compulsory  or  imposing  it  as  a  condition  upon  the  privilege  of  at- 
^ending  our  public  schools,  neither  have  we  a  supreme  court  decision 
bearing  upon  this  particular  point.  Our  supreme  court  has  decided,  how- 
ever, that  a  school  board  has  the  power  to  adopt  and  enforce  appropriate 
and  reasonable  rules  and  regulations  for  the  government  and  management 
of  the  school  under  its  control.  The  question  of  the  right  of  a  school 


OFFICIAL  DECISIONS  117 

board  to  exclude  pupils  from  school  if  they  are  not  vaccinated  has  been 
passed  upon  by  the  supreme  court  of  Michigan.  The  decision  rendered 
is  to  the  effect  that  a  standing  rule  prohibiting  unvaecinated  pupils  from 
attending  school  could  not  be  established,  though  temporarily  during  an 
epidemic  the  board  may  exclude  persons  who  have  not  been  vaccinated. 
The  supreme  court  of  Indiana  has  held  that  a  local  board  of  health  has 
power  to  require  that  no  unvaccinated  child  be  allowed  to  attend  the 
public  school  during  the  continuance  of  a  threatened  smallpox  epidemic. 

Under  the  existing  statutes  of  Nebraska  and  in  the-  light  of  these 
supreme  court  decisions,  it  is  the  ruling  of  this  department  that  a  stand- 
ing rule  prohibiting  unvaccinated  pupils  from  attending  school  could  not 
l>e  enforced,  though  temporarily  during  an  epidemic  of  smallpox,  the 
board  may  exclude  persons  who  have  not  been  vaccinated. 

XVI.— VOTERS. 
Alien. — See  Alien. 

Amount  of  taxable  property  necessary. — Any  person  who  has- resided 
in  the  district  forty  days  and  is  twenty-one  years  old,  and  who  owns  per- 
sonal property  that  was  assessed  in  the  district  in  his  or  her  own  name 
at  the  last  annual  assessment,  is  entitled  to  vote  at  any  district  meeting. 
The  law  places  no  limit  as  to  the  amount  of  taxable  property  necessary  to 
entitle  the  holder  to  vote.  The  chairman  of  the  meeting  has  no  right  to 
demand  the  production  of  tax  receipts  by  persons  offering  to  vote. 

Bond  election. — All  persons  who  are  qualied  to  vote  in  a  school  dis- 
trict meeting  are  entitled  to  vote  upon  the  proposition  to  issue  bonds  of 
the  district  whenever  such  question  is  properly  submitted. 

Dower  interest. — The  ownership  of  real  property,  which  confers  the 
right  to  vote  at  a  district  meeting,  must  be  an  actual  and  present  owner- 
ship such  as  would  entitle  the  voter  to  the  use  and  control  of  the  property 
in  question.  A  prospective  or  contingent  right,  like  that  of  dower  or 
curtesy,  would  not  constitute  such  ownership  as  this  statute  requires. 
Important  recent  decisions  of  our  supreme  court  declare  the  right  of 
dower  to  be  a  "charge  or  incumbrance"  upon  the  property,  similar  in  its 
effect  to  a  mortgage  or  lien.  This,  however,  would  not  entitle  the  holder 
of  such  a  right  to  be  considered  as  a  voter  any  more  than  would  the 
holding  of  a  mortgage  confer  such  a  right  upon  the  mortgagee.  There- 
fore, a  wife  who  has  no  children  of  school  age  and  owns  no  real  property 
in  her  own  name  and  no  personal  property  assessed  in  her  name  at  the 
last  annual  assessment,  would  not  become  a  legal  voter  by  virtue  of  her 
husband's  ownership  of  such  property,  although  she  possesses  the  requisite 
qualifications  of  age  and  residence;  nor  would  the  husband  become  a 
voter  simply  by  virtue  of  his  wife's  ownership  of  such  property. 

Homesteader. — The  courts  have  repeatedly  held  that  a  homesteader 
is  a  "freeholder"  within  the  meaning  of  that  term  as  used  elsewhere  in 
the  statutes.  This  clearly  implies  ownership  of  the  land  such  as  would 


118  SCHOOL  LAWS  OF  NEBRASKA 

entitle  him  to  vote  at  an  annual, meeting  under  the  statutory  provision 
embraced  in  the  words  "who  owns  real  property  in  the  district." 

A  young  lady  twenty-one  years  of  age  who  holds  a  homestead  is  a 
voter  at  the  annual  meeting. 

The  homesteader  votes  in  the  district  of  his  homestead,  and  not  in 
the  district  in  which  he  may  be  temporarily  working. 

Moderator. — See  Moderator. 

Penalty  for  illegal  voting. — "Any  person  who  shall  vote  in  any  school 
district  in  this  state  in  which  he  has  not  legally  resided  ten  days,  or  such 
length  of  time  as  required  by  law,  next  preceding  the  election,  or  into 
which  lie  shall  have  come  for  temporary  purposes  merely,  shall,  on  con- 
viction thereof,  be  fined  in  any  sum  not  less  than  twenty-five  dollars  nor  | 
more  than  one  hundred  dollars,  or  be  imprisoned  in  the  jail  of  the  provper: 
county  not  more  than  six  months."  Section  7846,  Criminal  Code,  Com- 
piled Statutes  of  Nebraska  for  1903. 

Resident  of  unorganized  territory. — A  person  living  in_  unorganized 
territory  has  no  vote  at  school  meetings  in  any  district  by  reason  of  hav- 
ing property  in  said  district.  Residence  is  one  of  the  qualifications  neces- 
sary to  be  a  voter. 

Temporary  absence. — A  person  having  all  the  necessary  qualifications 
to  vote  at  an  annual  school  district  meeting  may  not  be  debarred  from 
voting  from  the  fact  that  he  was  not  in  the  district  the  prescribed  num- 
ber of  days  just  preceding  the  election,  when  it  was  known  that  he  was 
out  of  the  district  temporarily  and  that  his  permanent  home  is  in  the  dis- 
trict. 

Transferred  persons. — The  parents  or  guardians  of  the  pupils  so 
transferred  shall  have  the  right  to  vote  in  the  district  to  which  such 
pupils  are  transferred  on  all  school  matters  except  that  of  issuing  bonds. 
[Amendment  to  Sec.  4a,-Subd.  5,  1907.] 

Who  are  legal  voters? — Every  person,  male  or  female,  who  has  re- 
sided in  the  district  forty  days  and  is  twenty-one  years  old,  and  who  owns 
real  property  or  personal  property  that  was  assessed  in  the  district  in  hi* 
or  her  name  at  the  last  annual  assessment,  or  who  has  children  of  school 
age  residing  in  the  district,  shall  be  entitled  to  vote  at  any  district  meet- 
Ing  or  school  election  held  in  any  district,  village  or  city. 

Women  vote  at  primaries. — Section  4,  subdivision  2,  charpter  79r 
Compiled  Statutes,  confers  upon  women  having  the  necessary  qualifica- 
tions the  right  to  vote  at  any  school  district  meeting  or  school  election 
held  in  any  district,  village  or  city.  This  statute  also  confers  upon  women 
possessing  such  qualifications  the  right  to  vote  at  primaries  held  in  cities 
for  the  nomination  of  members  of  boards  of  education. 

XVII— WARRANTS. 

Draw  interest.— All  warrants  or  orders  issued  by  the  proper  authori- 
ties of  any  school  district  shall  draw  interest  from  and  after  the  date  of 


OFFICIAL  DECISIONS  119 

their  presentation  for  payment,  at  the  rate  of  seven  per  cent  per  annum. 

Duplicate  for  lost  warrants. — See  section  22,  subdivision  11,  School 
Laws. 

Notice  to  holder  of  district's  ability  to  pay. — If  there  is  no*  money  on 
hand  with  which  to  pay  warrants  when  presented,  the  warrants  shall  be 
registered  in  the  order  of  their  presentation,  and  as  soon  as  the^p  are 
funds  in  the  hands  of  the  district  treasurer  it  becomes  his  duty  tf|3iotify 
the  holder  of  the  registered  warrants  and  to  pay  them  in  the  ordter  of 
their  registration,  regardless  of  when  the  tax  was  levied. 

Outlaw. — It  has  been  held  by  the  supreme  court  of  Nebraska  that  the 
statute  of  limitations  runs  for  or  against  school  districts  the  same  as  for 
or  against  individuals.  22  Neb.,  205. 

Payment.— See  section  15,  subdivision  11,  School  Laws. 

Payment  by  consolidated  districts. — Where  school  distriets,  having 
registered  warrants  outstanding,  consolidate  into  one  district,  said  war- 
rants should  be  paid  in  the  order  of  their  registration,  as  shown  by  the 
date  of  the  endorsement  thereon,  without  regard  to  which  of  the  original 
districts  issued  the  warrants. 

Penalty  for1  postponing  payment. — See  section  21,  subdivision  11, 
School  Laws. 

What  constitutes  a  fund  against  which  warrants  may  be  drawn. — 
School  districts  have  no  powers  except  those  conferred  by  statute  or 
necessarily  implied  therefrom.  Their  ability  to  pay  debts  is  restricted  by 
laws  authorizing  them  to  levy  taxes,  within  fixed  limits  only,  and  by  the 
funds  arising  from  such  levies,  from  fines  and  from  other  lawful  sources. 
For  the  current  expenses  of  running  their  schools  they  cannot  incur  in- 
debtedness greater  in  amount  than  their  revenue  from  all  sources,  and 
where  a  contract  for  such  expenses  provides  for  payment  of  a  sum  in 
excess  thereof  it  is,  to  that  extent,  void.  It  does  not  follow,  however,  that 
taxes  must  actually  be  paid  into  the  treasury  before  they  can  be  made  a 
basis  for  incurring  debts.  The  supreme  court  has  recently  said:  "Taxes 
levied  at  the  annual  school  meeting  held  just  prior  to  the  commencement 
of  the  school  year  constitute  a  fund  against  which  warrants  may  be 
drawn."  Zimmerman  v.  State,  83  N.  W.,  919. 


DECISIONS  WHICH  APPLY  ONLY  TO  RURAL  AND  VILLAGE 

SCHOOLS  AS  ORGANIZED  UNDER  SUBDIVISION  III 

WITH  A  BOARD  OF  THREE  MEMBERS. 

I.— ANNUAL  MEETING. 

Cannot  relieve  treasurer  of  responsibility  for  money  lost. — It  is  not 
within  the  authority  of  the  voters  at  the  annual  meeting  to  release  a 
treasurer  from  being  responsible  for  moneys  paid  out  illegally  or  lost  by 
him. 

Cannot  select  teacher  nor  determine  wages. — It  is  not  within  the  au- 
thority of  the  annual  meeting  to  determine  the  wages  to  be  paid  to  a 
teacher;  the  school  board  is  the  proper  authority  to  fix  the  teacher's  wages. 
Neither  can  the  annual  meeting  determine  whether  the  teacher  shall  be 
male  or  female. 

Determine  length  of  term. — Section  14,  subdivision  2,  of  the  school 
laws,  provides  that  the  legal  voters  may  determine  at  each  annual  meet- 
ing the  length  of  time  a  school  shall  be  taught  in  the  district  the  ensuing 
year. 

II.     BOARD— POWERS  AND  DUTIES. 
1.     The  Director. 

A  de  facto  officer. — Where  the  director  of  a  school  district  was  ap- 
pointed to  fill  a  vacancy  in  November,  1875,  and  accepted  the  office,  and 
thereafter  performed  all  the  duties  pertaining  to  the  same  until  April, 
1877,  held,  in  an  action  on  the  contract  of  a  qualified  teacher,  signed  by 
him  as  director  in  October,  1876,  that  the  court  will  not  inquire  into  the 
strict  legality  of  his  appointment.  He  being  a  de  facto  officer,  the  district 
is  bound  by  his  acts.  9  Neb.,  53. 

Contract  with  teacher. — It  is  the  duty  of  the  director  to  contract  with 
the  teacher  when  so  authorized  by  the  moderator  and  treasurer,  but 
should  he  refuse  to  make  such  contract,  then  it  would  be  within  the  au- 
thority of  the  moderator  and  treasurer  to  make  the  contract.  The  mod- 
erator and  treasurer  have  no  authority  to  make  such  contract  until  they 
have  given  the  director  an  opportunity  to  make  it. 

Custodian. — The  director  is  the  proper  person  to  keep  the  records  of 
the  district. 

Delegate  authority. — The  director  of  a  school  district  cannot  legally 
delegate  to  his  wife,  or  to  any  other  person,  the  power  to  act  in  his  stead 
in  contracting  with  a  teacher.  However,  if  such  director  should,  in  con- 
currence with  one  or  more  members  of  the  district  board,  employ  a  teacher 
and  agree  upon  the  terms  of  the  contract,  he  might  instruct  his  wife,  or 
other  third  person  to  draw  up  the  instrument  in  accordance  with  such 


OFFICIAL  DECISIONS  121 

agreement  and  sign  his  name  thereto;  then  it  would  be  his  contract.  The 
mere  physical  act  of  a  third  party's  writing  the  director's  name  under  his 
direction  does  not  involve  any  exercise  of  discretion  or  judgment. 

Draw  orders  on  county  treasurer. — It  is  the  duty  of  the  district  di- 
rector to  issue  orders  upon  the  county  treasurer  in  favor  of  the  district 
treasurer  for  money  on  hand  in  the  county  treasury,  in  order  that  the  dis- 
trict indebtedness  and  current  expenses  may  be  properly  paid.  In  case 
the  director  refuses  without  sufficient  reason  to  issue  such  orders  upon 
the  county  treasurer,  he  may  be  compelled  to  do  so  by  mandamus  proceed- 
ings in  the  district  court.  See  22  Neb.,  52. 

Furnish  supplies. — Section  13,  subdivision  5,  of  School  Laws,  provides 
that  no  school  officer  shall  be  a  party  to  any  school  contract  for  building 
or  furnishing  supplies  except  in  his  official  capacity  as  a  member  of  the 
board.  This,  of  course,  does  not  apply  to  supplies  furnished  in  any  other 
manner  than  under  contract.  Section  13,  subdivision  4,  expressly  states 
that  the  director  shall,  with  the  concurrence  of  the  other  members  of  the 
froard,  provide  the  necessary  appendages  for  the  schoolhouse  and  keep  au 
account  of  all  expenses  incurred  by  him  as  director.  This  section  clearly 
implies  the  duty  of  the  director  to  provide  all  necessary  supplies  in  such 
a  manner  as  he  sees  fit  when  not  otherwise  directed  by  the  board.  Hi3 
account  must  be  audited  by  the  board;  and  if  any  items  are  found  incor- 
rect or  any  charges  exorbitant,  corrections  can  be  made  at  any  time. 

Oath. — It  is  not  necessary  that  the  director  of  a  primary  (common) 
school  district  take  the  oath  of  office.  His  filing  an  acceptance  and  assum- 
ing the  duties  of  the  office  are  all  the  necessary  steps. 

Official  certificate  of  director  evidence  of  due  notice  of  calling  special 
meeting. — The  official  certificate  of  the  director  of  a  school  district  that 
notice  of  a  certain  special  school  meeting  held  in  said  district  was  given 
by  posting  up  notices  of  said  meeting  twenty  days  before  the  holding 
thereof,  in  three  of  the  most  public  places  in  said  district,  which  certificate 
was  introduced  and  received  in  evidence  under  a  stipulation  of  parties,  in 
which  it  was  recited  that  such  "stipulation  is  for  the  purpose  of  using  the 
came  as  testimony,  instead  of  the  plaintiff  or  defendant  being  obliged  to 
take  depositions  to  prove  the  same,"  held,  to  be  evidence  of  the  due  pub- 
lication of  the  notice  of  the  calling  of  such  special  school  meeting.  21 
Neb.,  725. 

No  power  to  act  alone. — The  duties  devolved  upon  the  members  of 
the  school  district  board,  or  upon  the  moderator  and  director,  by  section 
8,  subdivision  4,  of  chapter  79,  Compiled  Statutes,  can  only  be  performed 
by  those  two  officers  acting  in  conjunction.  Any  attempt  on  the  part  of 
either  of  them  to  perform  such  duties  alone  and  without  the  joint  action 
of  the  other,  is  ineffective  and  void.  22  Neb.,  48. 

2.     Moderator. 

Cannot  be  compelled  to  sign  contract. — There  is  no  law  compelling  a 
moderator  to  sign  a  contract  for  supplies.  His  signature  is  not  necessary 


122  SCHOOL  LAWS  OF  NEBRASKA 

to  the  validity  of  the  contract,  but  if  the  contract  was  made  at  a  meeting 
of  which  he  had  no  notice,  the  contract  itself  is  called  in  question.  It  has 
been  decided  that  such  contract  is  illegal.  A  contract  with  a  teacher  is  an 
exception  to  this  rule. 

Mandamus  will  compel  him  to  perform  his  duty. — A  moderator  re- 
fused to  sign  an  order  properly  drawn  upon  the  treasurer  and  the  matter 
was  submitted  for  adjudication  to  the  county  superintendent,  who,  after 
investigation,  found  that  the  officer  refused  to  sign  the  order  for  insuf- 
ficient reasons.  Held,  that  under  the  statute  the  county  superintendent 
had  the  right,  on  behalf  of  the  district,  to  apply  to  the  proper  court  for  a 
writ  of  mandamus  to  compel  the  officer  to  perform  his  duty.  35  Neb.,  655, 

May  vote. — The  moderator  has  a  right  to  vote  at  school  district  meet' 
ings  on  all  questions  pertaining  to  school  matters.  In  case  of  a  tie  vote, 
however,  he  could  not  cast  a  second  vote  to  break  the  tie. 

No  power  to  act  alone. — See  Director. 

Oath  of  office  not  required. — A  moderator  of  a  school  district  is  not 
required  to  take  an  oath  of  office.  30  Neb.,  360. 

Officer  de  facto. — When  a  person  elected  to  the  office  of  moderator  ot 
a  school  district  fails  to  file  with  the  director  of  the  district  his  written 
acceptance  of  the  office,  but  immediately  after  his  election  enters  upon 
the  discharge  of  his  official  duties,  by  presiding  at  school  district  meet 
ings,  countersigning  school  orders  and  performing  all  other  duties  required 
by  law  of  such  officer,  without  objection  from  any  one,  for  more  than  a 
year,  held,  that  the  failure  to  file  a  written  acceptance  did  not  forfeit  hi* 
title  to  the  office.  30  Neb.,  360. 

Refusal  to  sign  report  to  county  clerk  of  lawful  tax  levy. — One  &., 
moderator  of  a  school  district,  refused  to  sign  a  report  to  the  county  clerk 
of  the  lawful  taxes  voted  by  his  district  at  the  annual  meeting.  Heldr 
that  it  being  a  duty  enjoined  by  law,  he  would  be  compelled  by  mandamus 
to  sign  the  same.  11  Neb.,  359. 

3.     Treasurer. 

Account  for  funds. — It  is  perfectly  proper  for  the  moderator  and  di- 
rector at  any  time  to  demand  of  the  treasurer  that  he  account  for  funda 
which  he  may  have  on  hand. 

Appears  for  district. — It  is  the  duty  of  the  treasurer  of  a  school  d 
trict  to  appear  for  and  in  behalf  of  his  district  in  all  suits  brought  by  o. 
against  the  same,  unless  other  directions  are  given  by  the  qualified  yoters 
at  a  district  meeting,  except  his  interests  are  adrerse  to  the  district,  in 
which  case  the  director,  in  the  absence  of  other  directions,  shall  appear 
When  the  action  is  not  brought  by  the  treasurer,  the  petition  should  sta 
the  cause. 

Bond. — See  sections  4  and  8,  subdivision  4,  School  Laws. 

Custodian  of  funds. — The  statute  as  well  as  the  supreme  court  reco^ 
nizes  the  district  treasurer  as  the  legal  and  proper  custodian  of  the  funds 


OFFICIAL  DECISIONS  123 

for  his  district,  provided,  of  course,  the  said  treasurer  has  furnished  bonds 
as  provided  in  sections  4  and  8,  subdivision  4,  School  Laws.  A  district 
treasurer  who  has  complied  with  these  provisions  could  apply  to  the  di» 
trict  court  for  a  writ  of  mandamus  to  compel  the  director  and  moderator 
to  issue  warrants  on  the  county  treasurer  in  his  behalf  for  the  funds  be- 
longing to  his  district. 

Hold  over. — In  case  a  district  treasurer-elect  fails  to  file  a  bond  within* 
the  prescribed  time,  the  old  treasurer  holds  over,  if  elected  to  the  office ', 
and  he  has  twenty  days  after  the  annual  meeting  in  which  to  file  a  new 
bond. 

Liability. — Moneys  in  the  treasury  must  be  used  for  the  purpose  of 
paying  outstanding  warrants,  and  the  treasurer  is  liable  under  his  bond  if 
he  uses  money  for  any  other  purpose  as  long  as  there  are  warrants  out- 
standing against  the  fund. 

Must  not  pay  out  money  except  on  orders. — The  law  does  not  con- 
template that  the  treasurer  shall  pay  any  bills  out  of  moneys  belonging  to> 
the  district  except  through  the  regular  channels:  viz.,  on  orders  drawn  by 
the  director  and  countersigned  by  the  moderator. 

Refusal  to  pay  orders. — If  the  treasurer  refuse  through  contumacy  or 
for  insufficient  reasons  to  pay  the  orders  legally  drawn  upon  the  district,, 
it  shall  be  the  duty  of  the  county  superintendent  on  behalf  of  the  district 
to  apply  to  the  proper  court  for  a  writ  of  mandamus  to  compel  the  officer 
to  perform  his  duty. 

Release. — A  school  district  has  no  authority  to  release  its  treasurer 
from  liability  for  money  lost  or  misapplied  by  him.  8  Neb.,  293.  - 

Surety. — The  director  and  moderator  should  not  become  surety  upon 
the  treasurer's  bond,  for  the  reason  that  they  are  the  officers  whose  duty 
it  is  to  approve  such  bond;  but  after  having  signed  the  bond  they  would) 
be  estopped  from  denying  the  validity  of  the  same,  and  would  doubtless 
be  held  liable  thereon  in  the  event  of  the  defalcation  of  the  treasurer. 

Treasurer  and  his  banker. — It  is  not  within  the  power  of  the  treasurer 
of  a  school  district  by  a  general  deposit  of  funds  held  by  virtue  of  his 
*ice  to  create  between  such  district  and  his  banker  the  relation  of  debtor 
id  creditor.     A  banker  by  receiving  on  deposit  from  a  school  district 
treasurer  funds  known  to  be  held  by  the  latter  in  his  official  capacity  be- 
comes thereby  a  trustee  for  the  beneficial  owner  with  respect  to  sucb 
funds,  and  the  same  may,  upon  his  insolvency,  be  recovered  by  the  owner 
1  a  preferred  claim  against  his  estate.    52  Neb.,  1. 

Writ  of  mandamus  cannot  issue,  when. — A  writ  of  mandamus  cannot 
issue  to  the  treasurer  of  a  school  district  requiring  the  payment  by  him 
>f  an  order  payable  by  its  terms  at  a  fixed  time  in  the  future  and  in  the 
meantime  drawing  interest  at  a  rate  per  centum  defined  by  the  terms  of 
he  order  itself.  39  Neb.,  570. 


124  SCHOOL  LAWS  OF  NEBRASKA 

4.     The  Board  as  a  Body. 

Acceptance. — In  a  primary  (common)  school  district  the  failure  of  an 
officer-elect  to  file  his  acceptance  within  ten  days  after  the  annual  meet- 
ing does  not  forfeit  his  office.  His  entrance  upon  the  discharge  of  the 
duties  of  the  office  is  sufficient.  The  filing  of  a  bond  by  the  treasurer- 
elect  is  held  to  be  sufficient  acceptance. 

Admit  non-resident  pupil.— See  section  4,  subdivision  5,  School  Laws. 

Appointment,  vacancy. — Where  a  tie  vote  occurs  in  the  election  of  a 
school  district  officer,  it  is  not  within  the  province  of  the  county  superin- 
tendent to  appoint  an  officer. 

An  outgoing  officer  is  not  competent  to  assist  in  appointing  his  suc- 
cessor. If  a  vacancy  exists  in  the  office  the  old  officer  is  no  longer  com- 
petent to  act  on  behalf  of  the  district,  and  such  vacancy  can  be  filled  by 
appointment  or  election. 

Audit  Bills. — A  bill  against  a  school  district  should  be  made  out  ill 
due  form,  itemized,  and  presented  to  the  board  for  their  consideration. 
Action  should  be  taken  thereon  and  the  warrant  issued  in  accordance  with 
such  action.  The  director  should  be  justified  in  demanding  an  itemized 
statement.  He  is  responsible  for  drawing  orders  on  the  district  and 
should  know  definitely  for  what  purpose  the  money  of  the  district  is  used, 
so  that  he  may  be  able  to  report  to  the  voters  at  the  annual  meeting.  The 
director  must  also  make  out  an  itemized  statement  of  every  bill  he  pre- 
sents for  expenses  incurred  by  him  in  his  official  capacity. 

Certain  contracts  not  binding  upon  districts. — A  contract  entered  into 
and  signed  by  persons  styling  themselves  as  director  and  moderator  of  a 
school  district,  is  their  individual  contract,  and  not  binding  upon  the  dis- 
trict The  action  of  a  majority  of  a  school  district  board  will  not  bind  the 
district,  without  notice  to  or  participation  therein  of  the  other  members. 
4  Neb.,  245. 

De  facto. — In  case  a  person  assumes,  under  color  of  right,  a  school 
district  office,  and  performs  the  duties  of  such  office,  being  permitted  by 
the  district  in  the  discharge  of  such  duties,  he  is  a  de  facto  officer  so  long 
as  he  is  permitted  to  act  in  that  capacity,  and  his  acts  as  such  officer  are 
binding  upon  the  district. 

Election. — Section  1,  subdivision  3,  of  the  School  Laws  provides  that 
school  district  officers  shall  be  elected  by  ballot.  However,  in  case,  by  the 
proper  motion  being  carried,  the  secretary  or  clerk  is  instructed  to  cast 
the  ballot  of  the  meeting  for  an  officer,  it  would  be  construed  to  be  an 
election  by  ballot  within  the  meaning  of  the  section  just  referred  to. 

A  plurality  vote  elects,  that  is,  the  one  receiving  the  highest  number 
of  votes  cast  is  elected. 

The  school  law  makes  no  provision  for  casting  lots  in  case  of  a  tie 
vote  on  member  of  a  school  board,  and  it  is  not  a  legal  process  of  select- 
ing an  officer.  Another  ballot  should  be  taken. 


OFFICIAL  DECISIONS  125 

Where  a  district  officer  is  elected  by  acclamation  for  the  full  term  at 
the  annual  meeting  and  has  performed  the  duties  of  his  office  for  a  time 
extending  beyond  the  next  annual  election,  he  is  entitled  to  the  office  'the 
full  term  for  which  he  was  elected. 

Furnish  supplies. — A  member  of  the  committee  on  purchase  and  sup- 
plies shall  not  be  a  party  to  furnish  supplies  to  the  district,  except  in  his 
official  capacity  as  a  member  of  the  board.  See  section  13,  subdivision  5, 
School  Laws. 

Genera!  care  of  school. — The  district  school  boards  shall  have  the 
general  care  of  the  schools,  and  shall  have  the  power  to  cause  pupils  to 
be  taught  in  such  branches  and  classified  in  such  grades  or  departments 
as  may  seem  best  adapted  to  a  course  of  study  which  the  school  boards  of 
any  county  shall  establish  by  the  consent  and  advice  of  the  county  super- 
intendent thereof,  and  the  school  board  of  each  district  shall  cause  a 
record  of  the  advancement  in  each  branch  of  study  of  all  the  pupils  to  be 
kept  in  a  book  to  be  provided  for  this  purpose;  and  it  is  hereby  made  the 
duty  of  each  district  board,  or  of  one  of  their  number  empowered  by  the 
board,  to  attend  all  meetings  called  by  the  county  superintendent  for  the 
purpose  of  adopting  or  revising  a  course  of  study  for  the  advancement  of 
the  district  schools,  of  making  rules  and  regulations  as  they  may  think 
necessary  for  the  government  and  health  of  the  pupils,  and  of  devising 
uch  means  as  may  seem  best  to  secure  regular,  attendance  and  progress 
children  at  school.  See  section  3,  subdivision  5,  School  Laws. 

Hold  over. — When  a  person  elected  to  a  school  district  office  fails  to 
ualify,  the  old  officer  holds  over  till  his  successor  is  elected  or  appointed 
nd  qualified,  unless  the  old  officer  holds  his  office  by  appointment.  In 
uch  case  there  is  a  vacancy  and  the  vacancy  may  be  filled  by  appoint- 
ent  of  the  board,  or  at  an  election  at  a  special  meeting  called  for  that 
urpose. 

Liability. — The  other  members  of  the  board  should  not  be  sureties  OIL 
le  treasurer's  bond.  The  treasurer  should  not  be  allowed  to  draw  money 
om  the  .county  treasury  until  his  bond  Jias  been  filed  and  approved;  and 
le  individual  members  of  the  board  authorizing  such  draft,  in  the  ab- 
ence  of  the  necessary  bond,  would  be  liable  to  the  district  for  any  loss 
esulting  therefrom. 

Qualification. — One  who  is  mot  a  resident  of  a  school  district  is  not 
igible  to  any  district  office  therein.  All  the  qualification  necessary  for  a 
chool  district  officer  is  that  he  be  a  legal  voter  in  the  school  district 

Records  and  papers.— When  a  district  voter  is  legally  elected  at  an 
nnual  meeting  to  a  school  district  office,  and  files  his  acceptance  within 
?n  days  after  such  election,  he  is  entitled  to  possession  of  the  books  and 
apers  belonging  to  such  office  on  the  second  Monday  of  July  following, 
s  election;  and  any  dispute  that  may  arise  between  him  and  his  pre- 
ecessor  is  no  ground  for  the  remaining  members  of  the  board  to  declare 


i26  SCHOOL  LAWS  OF  NEBRASKA 

the  office  vacant.    It  is  the  duty  of  the  outgoing  officer  to  turn  over  to  his 
successor  the  official  papers,  records,  etc.,  pertaining  to  his  office. 

Removal.— Two  members  of  a  school  board  cannot  of  their  own  voli- 
tion remove  the  other  member  from  office.  The1  only  way  to  remove  a 
school  district  officer  is  by  proper  action  before  a  court  of  competent 
Jurisdiction. 

.  Resignation. — If  an  officer  resigns  at  an  annual  district  meeting,  and 
lus  resignation  is  accepted  by  the  board  at  the  meeting,  the  voters  present 
.may  elect  a  successor  to  complete  the  term  of  office. 

The  general  rule  is  that  the  resignation  of  an  officer  should  be  pre- 
sented to  the  board  or  the  officer  who  has  authority  to  fill  the  vacancy  so 
.-created.  At  the  time  of  the  annual  meeting  the  resignation  of  a  district 
officer  should  be  presented  to  the  meeting;  at  any  other  time,  to  the  dis- 
trict board. 

Sale  of  school  house. — A  school  district  board  cannot  legally  sell  a 
schoolhouse  or  site  without  being  directed  to  do  so  by  the  legal  voters  at 
•a  district  meeting.  When  the  district  has  so  authorized  them  by  a  two- 
thirds  vote  (sec.  15,  subd.  2,  School  Laws)  it  would  seem  proper  for  the 
board  to  advertise  and  sell  the  same  to  the  highest  bidder. 

Salary  provided  for  by  each  annual  meeting. — In  order  legally  to  pay 
the  school  district  officers  a  salary,  it  is  necessary  that  provisions  for 
•such  payment  be  made  at  the  annual  district  meeting;  but  it  is  not  within 
the  authority  of  the  annual  meeting  to  make  provision  for  the  payment  of 
such  salary  for  more  than  the  ensuing  year. 

Vacancy,  how  filled. — When  vacancies  occur  in  school  boards,  the  va- 
cancies are  filled  by  appointment  or  by  election  at  a  special  district  meet- 
ing. If  by  appointment,  the  appointee  serves  until  the  next  annual  meet- 
Ing;  if  by  special  election,  he  serves  for  the  remainder  of  the  unexpired 
term. 

III.     CONSOLIDATION. 

The  consolidation  of  school  districts  is  one  of  the  most  important  and 
delicate  of  the  superintendent's  duties,  always  to  be  performed  with  great 
care  and  deliberation.  It  must  not  be  confused  with  the  discretionary 
power  of  the  superintendent  to  create  a  new  district  from  other  organized 
districts  upon  petition  signed  by  one-third  of  the  legal  voters  in  each  dis- 
trict affected.  See  condition  first,  section  4,  subdivision  1.  The  creation 
of  a  new  district  under  this  provision  will  not  permit  the  discontinuance 
of  any  district.  The  consolidation  of  school  districts  contemplates  the 
discontinuance  of  one  or  more  districts  every  time  a  consolidation  is  per- 
fected. "One  district  may  be  DISCONTINUED  and  its  territory  attached 
to  other  adjoining  districts  (or  district),  upon  petitions  signed  by  one-half 
of  the  legal  voters  in  each  district  affected."  See  fourth  condition,  sec- 
tion 4,  subdivision  1. 


OFFICIAL  DECISIONS  127 

It  must  be  remembered  that  the  petitions  for  the  consolidation  of  two 
or  more  school  districts  shall  contain  an  exact  statement  of  what  charges 
in  district  boundaries  are  proposed.  The  notices  of  said  petition  chall  be 
likewise  specific  relative  to  changes  proposed.  Said  notices  shall  be 
posted  in  three  public  places,  one  of  which  places  shall  be  upon  the  outer 
door  of  the  schoolhouse,  if  there  be  one,  in  each  district  affected,  or  ter- 
ritory not  organized  into  districts  proposed  to  be  attached  to  an  existing 
•disirict,  at  least  ten  (10)  days  prior  to  the  time  of  presenting  the  petitions 
to  Ihe  county  superintendent;  .  provided,  that  changes  affecting  cities 
{districts  organized  und-er  subdivision  14  or  17)  shall  be  made  upon  the 
petition,  of  the  board  of  education  of  the  district  or  districts  affected. 

Suppose  districts  Numbers  1,  2,  3  and  4  of  a  certain  county  desire  to 
consolidate  with  district  No.  5.  Separate  petitions  must  be  circulated  in 
-each  of  these  districts,  1,  2,  3  and  4,  asking  to  be  discontinued  and  to  have 
its  territory  attached  to  district  No.  5,  which  district  shall  retain  its  old 
number.  Four  separate  petitions  must  also  be  circulated  in  district  No. 
5;  one  asking  that  the  territory  in  district  No.  1  be  attached  to  district 
No.  5;  one  asking  that  the  territory  in  district  No.  2  be  attached  to  dis- 
trict No.  5;  one  asking  that  the  territory  in  district  No.  3  be  attached  to 
•district  No.  5;  and  one  asking  that  the  territory  in  district  No.  4  be  at- 
tached to  district  No.  5.  This  plan  is  somewhat  cumbersome,  it  is  true, 
t)ut  under  the  existing  statute  it  is  the  only  legal  way.  The  consolidated 
district  shall  take  the  number  of  the  said  district  No.  5,  and  be  under  the 
^control  of  its  officers  until  the  annual  meeting  when  it  may  organize  as  a 
High  school  district,  provided,  it  contains  mere  than  one  hundred  and 
fifty  children  between  the  ages  of  five  and  twenty-one  years.  See  section 
1,  subdivision  6,  School  Laws,  1907. 

The  limits  to  which  consolidation  may  be  carried  is  left  to  the  good 
Judgment  and  discretion  of  the  county  superintendent.  Every  consolida- 
tion of  school  districts  must  be  determined  by  the  circumstances  and  con- 
ditions surrounding  it.  The  only  manner  by  which  free  transportation  of 
pupils  may  be  obtained  is  according  to  the  statute  given  in  sections  4b 
and  4c,  subdivision  5,  School  Laws,  1907. 

Where  several  districts  are  consolidated,  the  new  district  not  only 
becomes  invested  with  the  property  rights  of  the  former,  but  also  becomes 
answerable  for  their  debts.  This  includes  bonded  indebtedness  as  well  as 
#11  other  obligations.  For  the  court's  decision  and  exposition  of  the  law 
<on  this  question,  see  15  Nebraska  Reports,  pages  1  to  7,  inclusive. 

After  several  districts  have  been  consolidated,  any  property  which 
shall  no  longer  be  needed  for  the  use  of  the  new  district  may  be  sold  by 
the  district  board  of  such  district  when  authorized  and  directed  by  a  two- 
thirds  vote  of  the  qualified  voters,  present  and  voting,  at  any  annual  or 
special  meeting;  and  when  real  estate  is  sold  the  district  may  convey  the 
same  by  deed,  signed  by  the  moderator  of  the  district,  and  such  deed, 
srhen  acknowledged  by  such  officer  to  be  the  act  of  the  district,  may  be 


128  SCHOOL  LAWS  OF  NEBRASKA 

recorded  in  the  office  of  the  recorder  of  deeds  of  the  county  in  which  the 
real  estate  is  situated,  in  like  manner  as  other  deeds. 

IV.     CONTRACTS. 

Board  member  must  not  have  pecuniary  interest. — Section  13  of  sub- 
division 5  reads  as  follows:  "No  school  officer  shall  be  party  to  any 
school  contract  for  building  or  furnishing  supplies,  except  in  his  official 
capacity  as  a  member  of  the  board."  The  spirit  of  section  13,  subdivision. 
4  seems  to  authorize  the  director  to  furnish,  under  the  direction  of  the 
board,  in  such  a  way  as  he  may  see  fit,  such  supplies  and  repairs  as  are 
necessary  for  the  proper  maintenance  of  the  •school.  It  seems  equally 
clear  that  the  statutes  give  the  district  board  no  authority  to  make  ex- 
tensive repairs  or  to  incur  large  or  unusual  expenses  without  the  con- 
sent of  the  district  meeting.  Any  action  of  public  officers  is  voidable  if 
vitiated  by  fraud.  When  school  district  officers  employ  each  other  for 
services  to  the  district  involving  pecuniary  profit,  the  transaction  bears- 
on  its  face  a  strong  suggestion  of  collusion  and  fraud,  which  presump- 
tion, however,  may  be  overcome  by  competent  evidence  of  good  faith. 

Certain  contracts  not  binding   upon  district. — See  Board  as  a  Body. 

Publisher's  contract. — The  text-book  law  does  not  require  the  dis- 
trict boards  to  enter  into  contract  for  >a  term  of  years  with  the  pub- 
lishers. It  is  left  entirely  to  the  board's  discretion,  but  no  such  con- 
tract can  be  legally  made  for  a  term  of  years  under  the  provisions  of  this- 
act  until  the  proper  bond  is  filed  by  the  publishers. 

Repairs  on  School  house. — The  director  of  a  school  district,  with  the 
consent  of  the  moderator,  may  contract  for  repairs  on  a  schoolhouse1 
of  the  district  during  vacation. — 67  Neb.,  365. 

Relationship. — "No  contract  with  a  teacher  shall  be  valid  unless- 
agreed  to  either  by  all  the  members  of  the  district  board  or  by  two 
members  of  such  board  who  are  not  related  to  the  fourth  degree  to> 
such  teacher  and  whose  terms  of  office  extend  beyond  the  date  of  the 
term  of  school  contracted  for."  In  regard  to  a  relative  hiring  a  rela- 
tive, the  law  applies  to  questions  of  consanguinity,  but  not  to  maritaF 
relationship. 

Teacher's. — The  director  and  one  other  member  of  the  board  may 
contract  with  a  teacher  without  notifying  the  third  member,  but  a 
contract  made  by  the  other  members  of  the  board  without  first  giving: 
the  director  an  opportunity  to  make  the  contract  would  be  void.  They 
may  make  a  valid  contract,  however,  if  the  director  refuses  to  do  sov 
See  section  11,  subdivision  4. 

V.     COURSE  OF  STUDY. 

A  foreign  language — If  it  is  the  wish  of  a  large  majority  of  the 
patrons  of  the  district  that  a  foreign  language  be  taught,  the  board  woul(f 

V.A-.T,         ^•.-,4-Vi  ^>*{  I--.-,      in      nMn-nr      tViici      t/-v     V>  ^      o       T>  o  i»f      r\f     fVi/->      /•> /~.  i  •,  v.  n  ^      nf      n  f ,  -i  /1 1  T  A       fm*- 


OFFICIAL  DECISIONS  129 

eign  language  should  not  be  used  as  the  medium  of  instruction  in  other 
branches,  but  may  be  studied  simply  as  a  language. 

Right  to  select  studies— The  parent  has  a  right  to  make  a  reasona- 
ble selection  of  the  studies  he  desires  his  child  to  pursue  from  the 
course  prescribed  by  the  district  board,  and  this  selection  must  be 
respected  by  the  trustees,  as  the  right  of  the  parent  in  this  regard  is 
superior  to  that  of  the  trustees  and  the  teacher,  31  Neb.,  552. 

Who  prescribes  the  course  of  study.— See  "General  Care  of  School" 
under  "Board  as  a  Body." 

VI.     SCHOOLHOUSE. 

Care  and  custody  of. — This  question  has  given  rise  to  much  contro- 
versy, and  many  disputed  points  still  remain  unsettled.  The  following 
opinions  seem  to  be  well  founded: 

1.  The  school  house  was  erected  for  school  purposes,  and  cannot 
legally     be  used  for  any  other  purpose  that  will  interfere  with  its  use 
for  this. 

2.  A  room   in   a   schoolhouse   not   needed   for   school   purposes   may 
be  leased   for   any  purpose  not   injurious   to   the   school  or  a  detriment 
to  the  usefulness  of  the  other  parts  of  the  building  for  school  purposes; 
but  the  contract  for  such  lease  cannot  extend  beyond  the  close  of  the 
school  year. 

3.  The  right  to  determine  whether  a  schoolhouse  shall  be  used  for 
other  than  school  purposes  belongs  to  the  voters  of  the  district  when  as- 
sembled in  a  lawful  manner;  but  when  the  district  has  not  acted  on  the 
subject  the  board  has  control  until  some  action  is  taken  by  the  district. 
But  neither  board  nor   district  has   any  right  to  allow   the   schoolhouse 
to  be  used  in  such  a  way  as  to  interfere  with  the  school. 

4.  If  the  voters  of  the  district  wish  to  use  the  schoolhouse  for  meet- 
ings   of      various   kinds,   there    seems    to   be   no    good   reason   why    they 
may  not  so  use  it  so  long  as  they  do  not  interfere  with  the  school  work. 
The  decisions  of  the  supreme  courts  of  Indiana,  Illinois,  Iowa,  and  many 
other  states  confirm  this  view.     Kansas,  New  Jersey  and  West  Virginia 
confer   upon   the    trustees,    by   statute,    the    right    to   use   the   house    for 
such  purposes.     In  the  absence  of  any   decision  of  our  own  courts,  the 
above  rulings  will  govern  this  department. 

Erection  of  building. — Appropriation  of  funds — Authority  of  direc- 
tors.— Certain  sections  of  chapter  79,  Compiled  Statutes,  1895,  entitled 
"Schools"  construed  and  held,  (1)  That  the  electors  of  a  school  district, 
and  they  alone  at  their  regular  annual  meeting,  or  at  a  special  meeting 
called  for  such  purpose,  have  power  to  direct  the  building  of  a  school- 
house;  (2)  that  the  district  board  of  a  school  district  has  no  power  or 
authority  of  law  to  appropriate  the  funds  of  a  school  district  to  the  erec- 
tion of  a  schoolhouse,  unless  first  authorized  so  to  do  by  a  vtf-  of  the 
electors  of  such  school  district;  (3)  that  when  a.  school  district  is  a 
schoolhouse  site  and  has  the  money  in  its  treasury  sufficient  to  build  a 
schoolhouse,  which  money  was  raised  for  that  purpose,  the  electors  of  such 


180  SCHOOL  LAWS  OF  NEBRASKA. 

school  district,  at  any  regular  annual  meeting,  or  at  a  special  meeting 
called  for  that  purpose,  may  direct  the  building  of  a  schoolhouse  on  the 
school  site,  and  that  such  school  building  be  paid  for  out  of  the  funds  on 
hand  for  that  purpose;  (4)  that  the  electors  at  such  meeting  may  des- 
ignate the  school  board  to  act  as  the  agent  of  the  district  to  superintend 
the  construction  of  such  schoolhouse;  (5)  that  if  no  one  is  designated  by 
the  electors  of  the  the  school  district  to  superintend  the  construc- 
tion of  the  school  building  directed  to  be  built,  then  the  school 
board  of  such  district  has  authority  to  make  contracts  and  superintend 
the  erection  of  the  school  building  ordered;  (6)  that  the  electors  of  a 
school  district  are  not  obliged  to  select  the  members  of  the  school  board  as 
agents  to  superintend  the  construction  of  a  building  ordered  to  be  built, 
but  may  select  such  persons  as,  in  their  judgment,  will  best  subserve  the 
interests  of  the  school  district.  45  Neb.,  239. 

Insurance. — Section  3462,  chapter  43,  Compiled  Statutes  of  Nebraska, 
list  country  schoolhouses  and  contents  among  the  things  named  in  said 
section  that  may  be  legally  insured  in  mutual  insurance  cjmpanies. 

Number,  in  rural  district. — While  it  is  a  very  unwise  policy  for  a  rural 
district  to  have  its  money  invested  in  two  schoolhouses,  there  is  no  legal 
objection  to  such  a  plan,  provided  free  and  equal  privileges  are  given  to 
e*ach  and  every  pupil  in  the  district. 

Plans  for  building. — Subject  to  certain  restrictions,  the  qualified 
electors  of  school  districts  are  intrusted  with  the  power  to  determine  what 
sort  of  a  schoolhouse  shall  be  erected,  and  the  extent  of  the  expenditures 
therefor;  and  when  so  determined  the  school  board  has  no  authority  10 
change  the  same,  and  thus  bind  the  district  for  an  increased  expenditure. 

Removal. — It  is  not  within  the  authority  of  the  voters  at  a  special 
meeting  to  move  the  schoolhouse.  This  may  be  done  at  an  annual  meet- 
ing only. 

Repairs. — The  amount  of  money  to  be  used  in  the  repair  of  the  school- 
house  is  in  the  discretion  of  the  board  to  determine. 

Sale. — A  school  district  board  (other  than  in  cities)  cannot  legally 
sell  a  schoolhouse  or  site  without  being  directed  to  do  so  by  the  legal 
voters  at  a  district  meeting.  When  the  district  has  so  authorized  them  by 
a  two-thirds  vote  (section  15,  subdivision  2)  it  would  seem  proper  for  the 
board  to  advertise  and  sell  the  same  to  the  highest  bidder. 

VII.  SCHOOLHOUSB  SITE. 

Adverse  possession. — When  a  school  district  has  held  open,  notorious, 
and  adverse  possession  of  a  certain  schoolhouse  site  for  a  period  of  ten 
years  or  more,  there  is  no  doubt  that  such  site  is  the  legal  site  of  the 
district. 

City. — The  board  of  education  in  a  city  school  district  may  select 
sites  for  schoolhouses  and  determine  the  manner  of  erecting  the  buildings 
thereon. — Page  69,  Attorney  General's  Opinion,  1903-04. 

Improving.— A  school  district  has  a  right  to  put  down  a  well  on  a  site 


OFFICIAL  DECISIONS  111 

on  which  the  schoolhouse  is  located,  even"  if  they  have  no  deed  for  said 
site. 

Lease  -—If  a  school  district  fails  to  have  the  lease  for  its  schoolhouse 
site  recorded,  and  a  deed  is  given  to  another  party  for  land  containing 
said  site,  the  lease  the  district  has  from  the  first  owner  is  no  longer  in 
force.  It  is  necessary  to  secure  a  lease  from  the  present  owner  and  have 
it  recorded. 

Sale. — A  school  district  board  cannot  legally  sell  a  schoolhouse  or  site 
without  being  directed  so  to  do  by  action  of  the  legal  voters  at  a  district 
meeting. 

Selection  and  change. — The  phrase  "designate  a  schoolhouse  site," 
has  reference  to  the  first  location  of  a  schoolhouse  site  in  a  newly  organized 
district.  The  county  superintendent's  authority  to  determine  where  such 
site  shall  be  established,  when  no  site  can  be  determined  upon  by  the 
voter  of  the  district,  has  reference  also  to  the  first  location  of  a  school- 
house  site  in  a  newly  organized  district.  The  county  superintendent  has 
no  authority  to  determine  the  schoolhouse  site  when  it  has  once  been  es- 
tablished. Neither  is  there  any  authority  for  adjouring  the  annual  meet- 
ing for  the  purpose  of  changing  the  site  when  once  established.  The  su- 
preme court,  in  its  interpretation  of  the  law  in  section  8,  subdivision  2, 
School  Laws,  said:  "It  will  be  observed  under  the  foregoing  statute  that 
a  schoolhouse  site  when  once  established  can  be  changed  only  at  an 
annual  school  district  meeting.  There  is  no  authority  of  law  for  changing 
such  a  site  at  a  special  meeting." 

Where  is  the  site? — The  literal  and  legal  schoolhouse  site  is  the  place 
actually  occupied  by  the  schoolhouse.  All  distances  relative  to  site  and 
transfers  are  measured  from  the  schoolhouse.  Therefore,  a  moving  of 
the  schoolhouse  to  a  different  part  of  the  school  grounds  is  a  change  of 
site  and  can  be  done  only  under  the  provisions  of  section  8,  subdivision2, 
School  Laws. 

VIII.  SPECIAL  MEETING. 

Call. — Upon  the  presentation  of  a  petition  signed  by  five  legal  voters 
of  the  district,  the  board,  at  their  discretion,  or  any  member  of  the  board, 
may  call  a  special  meeting  by  posting  the  proper  notices.  However,  it  is 
not  obligatory  upon  the  members  of  the  board  to  call  such  a  meeting. 

Cannot  determine  school  term. — A  special  school  district  meeting  has 
no  authority  to  determine  the  length  of  school  to  be  held  in  the  district 
the  ensuing  year,  nor  to  determine  at  what  time  in  the  year  such  term 
shall  be  held.  The  legal  actiqn  of  the  annual  meeting  upon  these  subjects 
is  final. 

County  superintendent  may  call,  when.— In  case  a  district  has  no 
school  officers,  the  county  superintendent  should  call  a  special  meeting 
for  the  election  of  school  officers  upon  the  petition  of  five  legal  voters 
of  said  district.  In  case  there  are  not  five  legal  voters  in  said  district, 
tnen  every  legal  voter  should  sign  the  petition  for  a  special  meeting.  If 


132  SCHOOL  LAWS  OF  NEBRASKA. 

said  voters  should  refuse  to  sign  such  petition,  then  the  county  superin- 
tendent should  apply  to  the  district  court  for  a  writ  of  mandamus  to  com- 
pel such  voters  to  make  legal  provision  for  school  in  such  district. 

Reconsider  action  — A  majority  of  the  legal  voters  of  a  district,  at 
a  special  meeting,  may  reconsider  their  previous  action  at  a  special 
meeting. 

Questions  which  can  be  determined  only  at  an  annual  meeting  cannot 
be  .changed  at  a  special  meeting. 

Validity. — No  business  can  be  transacted  at  a  special  district  meeting 
except  that  specified  in  the  call  for  said  meeting;  but  the  fact  of  doing 
business  not  mentioned  in  the  call  does  not  invalidate  action  with  refer- 
ence to  business  which  was  specified  in  the  call. 

IX.  TAXATION. 

Judgment. — The  district  court  may  issue  an  order  on  the  county 
.board  to  make  the  necessary  levy  for  the  satisfaction  of  a  judgment 
against  a  school  district;  and  when  the  taxes  derived  from  such  special 
levy  are  paid  into  the  county  treasury  it  is  the  duty  of  the  county  treas- 
urer, under  the  direction  of  the  board  of  county  commissioners,  to  pay  the 
same  into  court  for  the  satisfaction  of  said  judgment  claim.  The  district 
voters  have  nothing  whatever  to  do  with  this  claim,  nor  should  it  be  paid 
out  of  moneys  derived  'from  taxes  voted  at  the  annual  meeting. 

Limit  of  taxation. — The  maximum  levy  for  school  purposes  that  can 
legally  be  voted  by  a  school  district  is  twenty-five  mills  (except  for  the 
payment  of  bonds,  and  for  free  high  school  tuition).  Any  other  construc- 
tion would  do  violence  to  the  law  and  extend  the  taxing  powers  of  a  school 
district  beyond  the  limit  therein  prescribed. 

THE  END. 


TABLE  OF  CONTENTS 


Sec. 


FROM  THE  CONSTITUTION 
Article  VIM.— Education,  pages  9-11 


Board  of  Educational  lands  and 

funds 

Property,  how  used 

Permanent  school  fund 

Temporary  school  fund 

Fines  and  licenses 

Common  schools 


7.  Distribution  of  income 

8.  Educational  lands, — price 

9.  Funds  to  remain  inviolate' 

10.  University 

11.  No  sectarian  instruction 

12.  Reform  schools 


THE  SCHOOL  LAWS  OF  NEBRASKA 
Subdivision   I.  — School  Districts,  pages  I3-2O 


1.  "School  district"  defined 

2.  Body  corporate 

3.  New  districts 

4.  Change  in  boundaries 
4a.  Three  sections  or  less 

5.  Notice  to  taxable  inhabitant 

6.  Notice  to  voters 

7.  Return  of  notice. 

8.  Record  of  notice, return,  organ- 
ization 

9.,  -Division  of  district  property 

10.  Amount  due  in  installments 

11.  Certificate  of  amount  due 

12.  How  applied 

13.  Sale  of  School  house 

14.  Division  of  money 
*15.  Teachers'  fund 

16.  Unbonded  indebtedness 


17.  Report  of  change  in  boundaries 

18.  Unsatisfactory  division 

19.  Arbitration 
20.'    Award 

21.  Fees  of  arbitrators 

22.  Joint  districts 

Dismembered  Districts 

23.  Less  than  three   voters  in  dis- 
trict 

24.-    Same — Annexation  to  adjoining 
district 

25.  Same — Dissolution —  Procedure 
—Funds 

26.  Debts— Taxes 

27.  Superintendent,  Bond 

28.  Same — Report 

29.  Same — Compensation 


Subdivision  II. — District  Meetings,  pages  20-26 


Annual  meeting 

Special  meeting 

Notices,  contents 

Voters,  qualifications 

Challenge 

Rejection  of  vote 

Challenge 

Site 

Same 

Purchase  or  lease  of  houie 

Taxes  voted 


1. 

2. 

3 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
lla.  County  clerk  make  levy,  when 


lib.  Same,  joint  districts 
lie.  County  board  make  proportion- 
ate levy 

12.  Building  fund 

13.  Same,  how  expended 

14.  Length  of  term 

14a.  At  least  seven  months  school — 

state  aid 

14b.  Same,  amounts  due 
14c.  Same,  appropriation, how  used 

15.  Salo  of  district  property 

16.  Prosecution  and  defense 


184 


SCHOOL  LAWS  OF  NEBRASKA 


Sec. 

1. 
2. 

3. 

4. 
5. 
6. 


Subdivision  III. — District  Officers,  pages  27-28 


Election  of  officers 
First  year  of  term 
Acceptance 
Organization 
New  notice 

Appointment  by  county  super- 
intendent 


7.  Organization 

8.  Presumption  of  legal  organiza- 
tion 

9.  Term  of  office 

10.  Officer  as  teacher 

11.  Refusal  to  sign  or  pay  orders 


Subdivision  IV. — District  Officers,  Powers  and  Duties,   pages  28-34 


10. 


1. 


Moderator,  duties  of 
Arrest  of  disorderly  person 
Fine  for  disturbing  meeting 
Bond  of  treasurer 
Receipts  and  disbursement 
Treasurer's  record 
Treasurer,  appear  for  district 
Insufficient  bond 
Director,  clerk 
Director's  record 


11.  Teacher's  contract 

12.  Census 

13.  Supplies,   repairs 

14.  Estimate  of  expenditure 

15.  Notice  of  district  meeting- 

16.  District  orders 

17.  Report  of  census 

18.  County  superintendent  admin- 
ister oaths 

19.  Statement  of  assessed  valuation 


Subdivision  V.— District  Board,  Powers  and  Duties,  pages  34-38 


District  board— quorum,  meet- 
ing 

2      Report  of  taxes  voted 

3.     General  care  of  school 

4  Non-resident  pupils 

4a.  Attendance  at  nearer  school 
4b.  Transportation  of  pupils 
4c.  Instruction  in  neighboring  dis- 
trict 

5  Suspension  of  pupils 

6.     Site,  purchase,  lease  and  sale 


6a.   Outhouses 

7.  Title  to  site 

8.  Payment  of  school  moneys 

9.  Care    and     custody    of    school 
property 

10.  Vacancy  in  district  office 

11.  Appointment  to  fill  vacancy 

12.  Appointment  by  county  super- 
intendent 

13.  Officer    cannot    contract     with 
districts 


Subdivision    VI.— High    School     Districts — Free     High     School— County 
High  School,  pages  39-47 


1. 


Organ-ization  of  district 
Board,  organization  of 
Classification  of  scholars 
Statement  of  receipts  and  ex- 
penditures— estimate — taxes 

Free  High  School 
High    school    grade    defined — 
Course  of  study- — Rules  of  ad- 
mission 
Rate  of  tuition 

Application  of  parent  or  guard- 
ian—Estimate   of     county  su- 
peri  n  tenden  t—  Levy 
District  board  delivers  estimate 
to  county  clerk 

8b.   Same,  county  superintendent 
No  levy 

County  High  School 
Establishment — Course  of  study 
Petition — election — form  of  bal- 
lot 


6. 


8. 


8c. 

20. 
21. 


22.  County     board     declare     high 
school  established 

23.  County  board  constitute  board 
of  trustees 

24.  Principal —  Teachers —  Funds — 
Levy 

25.  Record  of  proceedings 

26.  Funds  kept  separate  by  county 
treasurer — Liability 

27.  Regulations— Discipline 

28.  Board  of  trustees— Meetings 

29.  Certificates — Diplomas 

30.  Morals 

31.  Districts     maintaining      high 
school    grades     exempt     from 
county  high  school  tax 

32.  Tuition    free    to    residents     of 
county 

33.  Bonds 

34.  Voters,  qualifications 

35.  Location  of  county  high  school 


TABLE  OF  CONTENTS 


135 


Sec. 


Subdivision  VII. — County  Superintendent,  pages  47-50 


1.  Election,  term 

2.  Salary 

8.     Visit  schools 

4.  Examination  of  applicants  for 
admission  to  state  normals 

5.  Same,  questions,  by  whom  pre- 
pared 

6.  Blanks      and    communications 
received    from    state    superin- 
tendent 


7.  Examine  district  reports 

8.  Subject  to  rules  and  instructions 
of  state  superintendent — Report 

9      Vacancy  in  office,  how  filled 

10.  Notice,  report  due 

11.  Report   to   superintendents    of 
blind  and  deaf 


Subdivision  VIM.  — State  Superintendent,  pages  50-51 


1.  Office 

2.  Normal  institutes 

3.  Visit  schools 

4.  Decide  disputed  points 

5.  Forms  of  reports 

6.  School  laws 


7.  Report  annually  to  the  governor 

8.  Report  to  be  printed 
8a.   Deputy  ^ 

8b.   Same,  salary 

9.  Apportionment  of  school  funds 


Subdivision  XL— The  Teacher,   pages  51-54 
4. 
5. 


1.  Qualifications 

la.   Graduates  university  or  other 

incorporated  schools 
Ib.  Same    confirmation    of   certifi- 
cates 

2.  Report  monthly 

3.  Length  of  month 


Scientific  temperance   instruc- 
tion 

Examination 
College  and  normal  graduates 
Same 

Same  defined 
Extent  of  act 


Subdivision    IXa. — Teachers'  Certificates    pages  55-60 


1.  No  ex-post  facto 

-2.  Classes  of  certificates 

3.  Same,  state  certificates 

4.  Same,  county  certificates 

5.  City  certificates 

6.  Professional  state  certificates 

7.  First  grade  county  certificates 

8.  Second  grade  county  certificates 

9.  Third  grade  county  certificates 

10.  Questions — Answer  papers 

11.  Examination,  how  conducted— 


Certificate,  how  issued 

12.  Certificates,      renewal —  Where 
valid 

13.  Revocation 

14.  Fees 

15.  Registration 

16      Funds,  how  used 

17.  High  school  teachers,  qualifica- 
tions 

18.  Grade  teachers,  qualifications 

19.  Act,  when  in  force 


Subdivision  X.— Teachers'  Institute*,  pages  60-61 


1.  Kinds  of  institutes 

2.  Duty  to  attend 

3.  Institute  fund 

4.  ^ 


5.  Same,  disbursement 

6.  Notice  of  institute 

7.  Certificate  may  be  revoked  for 
non-attendane 


136 


SCHOOL  LAWS  OF  NEBRASKA 


Sec. 


Subdivision  XI. — School   Funds,  pages  61-67 


1.  County  treasurer  collect  fines, 
etc. 

2.  State    treasurer    make    exhibit 
of  all  school  moneys 

3.  Apportionment  to  districts 

4.  New  districts 

5.  Fractional  districts 

6.  Records  of  apportionment 

7.  No  fees  for  receiving  or  paying 

8.  Misuse  of  funds 

9.  Certicfiate     of     financial     and 
census  reports 

10.  Interest  on  warrants  and  bonds 

11.  Warrants,  when  payable 

12.  Warrant  register 

13.  Endorsement 


14.  Separate  package  for  each  war- 
rant—Notice 

15.  Receipts  by  city  treasurer 

16.  Treasurer's  duties — Cash  book 
—Register 

17.  Failure  to  keep  books — Penalty 

18.  Inspection  of  books  ' 

19.  Failure  to  notify— Penalty 

20.  Failure    to    register    or    pay- 
Penalty 

21.  Duplicate  for  lost  warrant 

22.  •  Investment  of  sinking  fund 
23.'    Same 

24.  Same — Cities 

25.  Same — School  districts 


Subdivision  XII.—  Schoolhouse  Sites,  pages  67-69 


1.  Condemnation 

2.  Costs 

3.  Restrictions 


4.  Appeal 

5.  Site  on  school  land 


Subdivision  XIII.— State  Normal  Schools— Junior  Normal  Schools— Nor- 
mal Training  In  High  Schools,  pages  69-74 


1.  Board  of  education 

2.  Officers  ' 

3.  Record  of  secretary — Report 

4.  Appointment       of      principal, 
teachers,    and  employees —  Re- 
moval 

5.  Compensation 

6.  Regular  meetings 

7.  Rules  and  regulations 

8.  Principal,  chief  executive  officer 

9.  Morals 

10.  Certificate 

11.  Control  of  funds 

12.  Endowment 

13.  Matriculation  fee 

14.  Dormitory 

15.  Purpose 

16.  Admission  of  pupils 


Junior  Normal  Schools 

20.  Establishment 

21.  Terms,  time  and  places  of  hold- 
ing 

22.  Organization  and  management 
23      Course  of  study— Credit 

Normal  Training  In  High  Schools 

24.  Purpose 

25.  State  superintendent  designates 
high  schools 

26.  Admission— Regulations 

27.  Approval  of  high  schools 

28.  Amount  of  state  aid 

29.  Expenses  of  inspection 

30      Payment — Secretary  of  board — 

Warrants 
31.     Appropriation 


TABLE  OF  CONTENTS 


137 


Sec.  Subdivision  XIV.— 

1.  General  control 

2.  Free  schools 

3.  Board  of  education 

4.  Election 

5.  Oath  of  office 

6.  Meetings 

7.  Officers— Rules 

8.  Election  of  officers 

9.  President 

10.  Vice  President 

11.  Secretary 

12.  Same,  bond 

13.  Treasurer 

14.  Property  and  funds 

15.  Vacancies,  how  filled 


Schools  In  Cities,  pages  75-82 

16.  Quorum 

17.  Accounts  audited 

18.  Census 

19.  Teachers'  certificates 

20.  Contract  with  member  illegal 

21.  Sale  of  district  property 

22.  Payment  of  debts  of  superseded 
districts 

23.  Estimate  of  funds  needed 

24.  Limitation  of  taxation — Bonds 

25.  Taxes 

26.  Interest 

27.  Purchase  of  bonds    before    ma- 
turity 

28.  Control  of  funds 


Subdivision  XV. —School  District  Bonds,  pages  82-87 


1.  Bonds,  when  issued 

2.  Election  to  vote  bonds 

3.  Petition  for  submission 

4.  Amount  of  bonds 

5.  Same,  limited 

6.  Rate  of  interest 

7.  Description  of  bonds 

8.  Statement  by  district  officers 

9.  Registration  by  auditor 

10.  Certificate  of  registration 

11.  Non-registry 

12.  Effect  of  act  on   bonds  hereto- 
fore issued 

13.  Taxation  for  payment 

14.  School  district  defined 


15.  Excess  of  tax  over  payment  due 

16.  Payment,  whero  and  how  made 

17.  County  treasurer  liable 

18.  Cancellation 

19.  Acts  repealed 

20.  Refunding  bonds 

21.  New  bonds — Description 

22.  How  issued  and  paid 

23.  High  school  redemption  bonds 

24.  Condition— Description 

25.  Disposition 

26.  Issuance 

27.  Compromising  indebtedness 

28.  Negotiations 


Subdivision  XVI.— Compulsory  Education,  pages  88-91 


Compulsory  attendance  at  pub 

lie,  private,  or  parochial  school 

—Exemption 

Truant  officer — Notice  to  parent 


—Violation  of  act— Penalty 

3.  Special  schools 

4.  Enumerators,  duties  of 


138 


SCHOOL  LAWS  OF  NEBRASKA 


Subdivision    XVIII.— Text  Books  and  Supplies— School  Libraries, 

pages  91-95 


1.  Purchase  of  books  by  board 

2.  Bonds  of  publishers 

3.  Payment  for  books 

4.  Same 

5.  School  book  trusts 

6.  Price  lists 

7.  Contract,  form  of 


8.  Violation  of  contract 

9.  Property  in  books 

10.  Supplies 

School  Libraries 

11.  Funds 

12.  Care 

13.  Exemptions 


Miscellaneous 


Education  of  Pauper  Children . .  93 

Public  Library  Commission 94 

State  Board  of  Charities  and  Cor- 
rections   94 


Page  Page 

Game  and  Fish  Commission 94 

Penalty  for  Illegal  Voting 95 

Child  Labor  Law 95 

Cigarettes,  penalty 95 


OFFICIAL  DECISIONS 


139 


OFFICIAL  DECISIONS 

Decisions  Which  Apply  to  All  Districts 


Page 

I.     Alien 101 

II.  Bible  Reading  in  the  public 
schools 101 

III.  Board— Powers  and  du- 
ties   101-102 

IV.  Closing  school 102-103 

V.  Contracts 103-104 

VI.  Free  High  School  Priv- 
ileges   104-108 

VII.  License 108 

VIII.  Punishment 108-109 


Page 

IX.  Pupils 109-111 

X.   Residence ..        Ill 

XL   School  districts Ill 

Xla.  Scientific      temperance 

instruction 111-112 

XII.  The  teacher 112-113 

XIII.  Text  Books 114-  L15 

XIV.  Transfer 115-11 6 

XV.   Vaccination 116-117 

XVI.  Voters 117-118 

XVII.  Warrants 118-119 


Decisions  Which  Apply  Only  to  Rural  and  Village  Schools 


I.  Annual  meeting 120 

II.  Board,  powers  and  du- 
ties      120-126 

Consolidation . .  . .  126- 128 


III. 

IV.  Contracts, 


128 


V.  Course  of  Study 128-129 

VI.   Schoolhouse 129- 130 

VII.   Schoolhouse  site 130-131 

Special  meeting 131-132 


V1I1. 
IX.  Taxation 


132 


:        THIS  VOLUME  IS  PUBLIC  PROPERTY.  | 

2  * 

^  * 

:  It  is  to  be  kept  in  the  custody  of  < 

the  school  officers,  and  produced  by 

them  at  all  meetings  of  the  district,  i 

for  consultation   by   the   voters,  and  ^ 

must  be  delivered  to  their  successors  * 

*          in  office.     One  copy  only  is  furnished  5 

:          each  school  district.  * 

:  J907-1908,  : 


15 


